Apex court wants ETPB building in Lyari vacated, demolished

Judges irked by SBCA’s lack of action to remove illegal constructions


Our Correspondent March 15, 2018
PHOTO: FILE

KARACHI: The Supreme Court ordered on Wednesday the provincial chief secretary to take concrete measures to have illegal sections of a building owned by the Evacuee Trust Properties Board (ETPB) in Lyari vacated and demolished.

A two-judge bench, comprising justices Gulzar Ahmed and Sajjad Ali Shah, told the top provincial bureaucrat to also compensate the occupants, if need be. The judges were hearing a petition regarding unauthorised construction on evacuee trust property in Lyari's Moosa Lane area at the court’s Karachi Registry.

During the course of the hearings, the trust's lawyer had informed the judges that additional floors had been constructed on ground-plus-one buildings in violation of the law. The Sindh Building Control Authority (SBCA) lawyer countered that unauthorised constructions were demolished but were once again raised by the occupants.

The authority's lawyer had further informed the bench that the new construction will be demolished after sealing the building and sought time to complete the process. Therefore, the court directed the SBCA to demolish the illegal construction, take action against those responsible and submit a compliance report.

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During Wednesday's proceedings, the judges expressed their displeasure over the poor performance of the SBCA, the ETPB and others concerned for failing to remove the illegal structures.

Justice Ahmed, the bench's head, remarked that if the practice of illegal encroachments continued, the buildings of the Sindh Assembly, Supreme Court Registry and Sindh High Court will also be encroached upon tomorrow.

The apex court's judge observed that the officers of the SBCA turn a blind eye to illegal constructions. Justice Shah remarked that the officers who used to earn Rs30,000 had become billionaires.

Expressing dismay over the state of affairs, Justice Ahmed remarked that the SBCA was not only to be blamed for mushrooming illegal constructions in the city, the Sindh government too had its share in it.

He noted that city had turned into a jungle of cables and cited the example of main thoroughfare Sharae Faisal. He deplored that there was no one to check illegal encroachments and constructions in the city, which had been turned into a menace.

He told the officers that there were a number of illegally constructed buildings in the Saddar locality and the builders had slipped away after minting money from the public due to a lack of checking by the authorities concerned.

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Addressing an additional advocate-general, the bench's head remarked that the SBCA should be disbanded if it had failed to perform.

The law officer informed the judges that action for the removal of illegal structures could not be launched because of law and order situation in Lyari.

The government law officer maintained that the contractor had been arrested in compliance with the orders passed by the Supreme Court, but the high court had granted him bail.

The bench ordered the provincial chief secretary to take concrete measures to get the building vacated by its occupants and also make sure they were compensated, if need be. He was told to submit a report on compliance with these directives by the next date of the hearing.

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