HDA barred from issuing NOCs

Local govt secretary seeks list of officials who issued NOCs for the conversions in last 25 years

HYDERABAD: As the inquiry over the conversion of residential and industrial plots to commercial in Hyderabad continues, the Sindh local government secretary has sought lists of the officials who issued No Objection Certificates (NOCs) for commercial projects in the last 25 years. "In my next visit I want to see the files on which the NOCs were issued," Local Government Secretary Khalid Haider Shah, who is the convener of the two-member inquiry committee formed by Supreme Court-mandated Judicial Commission on Water and Sanitation, told the officials.

The inquiry committee held its second meeting at Shahbaz Building in Hyderabad on Friday. Directives were issued to Sindh Building Control Authority (SBCA) and Hyderabad Development Authority (HDA).

Following the Commission's stay against construction and approval of the projects on the converted plots, work on around 150 projects has stalled in Hyderabad, according to the Association of Builders and Developers (ABAD). During the meeting, Shah and Hyderabad Commissioner Muhammad Abbass Baloch, the committee's second member, kept asking officials of SBCA, HDA and Hyderabad Municipal Corporation (HMC) to explain under which law the conversions have been allowed.



However, the officials could not satisfy the committee. "Submit to us in writing whatever stance you are taking verbally before us," said the commissioner, pointing out that the answers for the 11-point questionnaires handed over to these departments in the last meeting have still not been submitted.

The questionnaire seeks details of plots converted in the last 10 years, the governing bylaws, names and number of beneficiaries of conversion, details of on-going and new projects and details of the departments issuing the NOCs. Baloch observed that the commercial projects on plots measuring 400 to 600 square yards are being approved. "Such a project should be around 2,000 sq yd."

He told off the officials for making their own interpretations of the laws in order to approve the conversions. "I saw a file on which just the word commercial was written in a corner of the paper and that project received the NOCs."

He also barred HDA from issuing NOCs to the commercial projects. "From now onwards only the Hyderabad deputy commissioner can issue NOCs," he pronounced. Shah also barred HDA and SBCA from applying the rule cards to approve any commercial project.

Upon inquiry, HDA Planning and Control Director Bashir Aiwan contended that the authority is empowered to convert the plots under Hyderabad Development Authority Ordinance 1976. Aiwan said that HDA always considered Karachi Development Authority (KDA) a sister organisation and followed its building rules. He said that plots in Latifabad taluka are being converted by HMC while HDA gives approval in City and Qasimabad talukas.

"But we strictly follow the yardstick of 60 feet or above wide roads for approving a commercial project. We don't even consider a project on a road less than 60 feet wide," he claimed. According to him, the City Survey department is also converting the plots.

Zulfiqar Farooqi of ABAD defended the construction of commercial buildings within the existing rules of HDA. "We are not defending the buildings being constructed on roads which are less than 60 feet wide or the buildings which are taller than eight floors," he said, adding that ABAD had voluntarily recommended SBCA to cap the approvals for the building to eight floors in view of the roads and infrastructure in Hyderabad. He told the committee that from 2011 to 2018, the builders in Hyderabad have paid over Rs570 million to SBCA as betterment charges for development of roads, drainage and water supply system. "But this money isn't spent on development rather consumed under the heads of salaries and other expenditures of these departments."

According to him, SBCA paid 55% of these charges to HMC and 20% to Water and Sanitation Agency (WASA), which is a subsidiary of HDA. "The SBCA itself keeps 25% which is wrong because the authority doesn't carry out development works," he argued.

However, he added that ABAD believes that any construction of up to eight-storey buildings on a road 60 feet wide or above was legal.



"Given the size of Hyderabad we can't expect the roads to be wider than 60 feet," he said. ABAD handed over a dossier to the committee, outlining their recommendations and the set of laws under which the commercial projects are undertaken. Raees Raja, a complainant, claimed that the Mayor of HMC has approved at least 64 conversions during the last two years.  Sindh Industrial and Trading Estate (SITE) Managing Director Athar Mirani informed the Committee that SITE's board of directors in Hyderabad has approved conversion of 37 plots from industrial to commercial. "Construction of 22 of these plots has been completed while construction is underway in seven others. The eight other plots are still unused," he told.

He said that the board comprised 50% representation of the industrialists who dominated the board's meetings and passed the decisions with their majority. According to him, conversion of the plots is also approved by the board. He could not tell of a law which authorised SITE to convert the plots.

The meeting was informed that Boulevard Mall was occupying a piece of land under which Water and Sanitation Agency's drain was located. "The Mall has set up a parking area over that land and it is charging Rs100 per car as parking fee," advocate Imran Qureshi told the Committee. 

Published in The Express Tribune, December 1^st, 2018.