SHC orders SBCA to dispose of 1,577 pending cases
SBCA regional director blames applicants’ non-compliance, failure to submit documents for delay
Representational image. PHOTO: REUTERS
HYDERABAD:
The Sindh High Court has directed the Sindh Building Control Authority (SBCA) to dispose of 1,577 pending complaints and applications by February 29.
The bench, comprising Justice Nadeem Akhtar and Justice Adnanul Karim Memon, were hearing a petition seeking the demolition of a commercial structure raised on a residential plot in Bhai Khan area of City taluka.
The court was informed that the SBCA's Hyderabad chapter has kept 1,577 complaints and applications, mostly concerning commercial buildings, pending. Some of these cases date back to 2010.
SBCA regional director Abdul Waqar Memon, who was previously ordered to submit a report about the pending cases on December 18, 2019, blamed the applicants for the delay. "The applications are pending only because of non-compliance of objections by the applicants or non-submission of the requisite fee or documents by them," he claimed.
However, the bench described the situation as alarming, pointing out that it showed the SBCA's failure in discharging its statutory duties and functions.
It observed that the authority was also to blame for the practice of raising illegal constructions without its approval, adding that it had become a common issue resulting in multiple complications and litigation.
The court described the regional director's justification as unacceptable for failing to deal with the applications in a reasonable time period and for failing to take action against illegal constructions. It directed the authority "to decide all pending applications, cases of proposed plans, completion plans, regularisation or any other purpose" by February 29.
The SHC further directed the SBCA to adopt the modus operandi of deciding the applications within 30 days of receiving them, adding that the Hyderabad regional director would be held personally responsible for non-compliance with the court orders.
It also ordered the SBCA to submit periodic compliance reports in court on January 15, January 30, February 15 and February 29.
Abdul Waqar assured the court that he would also submit an inquiry report investigating the officials who had kept the applications pending since 2010.
Among the pending cases, 630 are from Latifabad taluka, 569 from City taluka, 256 from Qasimabad taluka and 80 from Rural taluka. Meanwhile, 42 cases are for public sale projects.
In 2019, the Supreme Court-mandated water commission had imposed a ban on the conversion of residential plots into commercial plots in Hyderabad.
The order was also meant to be enforced on buildings that were under construction.
However, the SBCA has failed to enforce the order, with construction activity continuing as before. The petitioner for the case being heard on Saturday, Muhammad Danish, had raised an objection to such a construction, claiming that a commercial structure was being raised in his residential neighbourhood.
Published in The Express Tribune, January 13th, 2020.
The Sindh High Court has directed the Sindh Building Control Authority (SBCA) to dispose of 1,577 pending complaints and applications by February 29.
The bench, comprising Justice Nadeem Akhtar and Justice Adnanul Karim Memon, were hearing a petition seeking the demolition of a commercial structure raised on a residential plot in Bhai Khan area of City taluka.
The court was informed that the SBCA's Hyderabad chapter has kept 1,577 complaints and applications, mostly concerning commercial buildings, pending. Some of these cases date back to 2010.
SBCA regional director Abdul Waqar Memon, who was previously ordered to submit a report about the pending cases on December 18, 2019, blamed the applicants for the delay. "The applications are pending only because of non-compliance of objections by the applicants or non-submission of the requisite fee or documents by them," he claimed.
However, the bench described the situation as alarming, pointing out that it showed the SBCA's failure in discharging its statutory duties and functions.
It observed that the authority was also to blame for the practice of raising illegal constructions without its approval, adding that it had become a common issue resulting in multiple complications and litigation.
The court described the regional director's justification as unacceptable for failing to deal with the applications in a reasonable time period and for failing to take action against illegal constructions. It directed the authority "to decide all pending applications, cases of proposed plans, completion plans, regularisation or any other purpose" by February 29.
The SHC further directed the SBCA to adopt the modus operandi of deciding the applications within 30 days of receiving them, adding that the Hyderabad regional director would be held personally responsible for non-compliance with the court orders.
It also ordered the SBCA to submit periodic compliance reports in court on January 15, January 30, February 15 and February 29.
Abdul Waqar assured the court that he would also submit an inquiry report investigating the officials who had kept the applications pending since 2010.
Among the pending cases, 630 are from Latifabad taluka, 569 from City taluka, 256 from Qasimabad taluka and 80 from Rural taluka. Meanwhile, 42 cases are for public sale projects.
In 2019, the Supreme Court-mandated water commission had imposed a ban on the conversion of residential plots into commercial plots in Hyderabad.
The order was also meant to be enforced on buildings that were under construction.
However, the SBCA has failed to enforce the order, with construction activity continuing as before. The petitioner for the case being heard on Saturday, Muhammad Danish, had raised an objection to such a construction, claiming that a commercial structure was being raised in his residential neighbourhood.
Published in The Express Tribune, January 13th, 2020.