Sunday, October 1, 2023

SHC advises DG SBCA to fix liability on illegal buildings constructed in Karachi

Earlier this week, the Sindh High Court (SHC) ordered the director-general (DG) Sindh Building Control Authority (SBCA) to determine who is responsible for each illegal structure permitted in the city and to submit a list of the officials who gave their approval for the construction of such illegal structures.

The orders came from a two-judge panel headed by Justice Zafar Ahmed Rajput, who was considering a case in which a five-story structure in Nazimabad was built in violation of the permitted ground plus one design, according to the petition.

The bench was informed by a deputy director of the SBCA that, despite the fact that orders to vacate the building had been served, the tenants of the building were still residing there.
The bench commented that the deputy director had been naive in believing that the occupant would evacuate the building just because he had received notices from the authorities.

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The deputy director stated that the SBCA would write to Karachi’s commissioner to request assistance in having the structure demolished and decommissioned.

In its ruling, the court stated that sending such letters and including them in the file would be counterproductive, and ordered the builder to begin the process of dismantling the building, failing which criminal actions against the builder would be brought against him.

As a result, petitioner Muhammad Hussain notified the court that there were 15 people who claimed ownership of the site on which the illegal building was taking place and that the court should disregard their claims.

The bench expressed its dissatisfaction with the manner in which the development plan for the land whose title was in doubt was authorized.

To be presented before the court on November 29, the SBCA was ordered to bring the whole record of its approval of the construction permit for the contested plot to its attention.

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