Top court hold SBCA responsible for ‘Karachi’s destruction’

SC orders the railway secretary to present ECNEC's decision to the court on February 21

KARACHI: The Supreme Court (SC) issued on Wednesday a written order holding the Sindh Building Control Authority (SBCA) responsible for encroachments abounding in Karachi and directing relevant authorities to remove illegal structures from the city.

A three-member bench, headed by Chief Justice of Pakistan Gulzar Ahmed and comprising Justice Faisal Arab and Justice Sajjad Ali Shah, issued the order that states, "SBCA is responsible for the city's destruction." The order further accuses the SBCA officials of "collecting bribes in exchange for allowing illegal construction."

The order notes that laws of construction are being violated in Karachi, with the offenders being backed by the police and other government departments, beside SBCA officials.

The order calls for the Sindh chief minister to look into the matter and take measures for setting SBCA straight, which will be a stepping stone towards identifying and replacing corrupt officials with honest ones.

Referring to the construction of fuel stations on green belts and nullahs along the length of Shahrah-e-Quaideen, the order mentions that the Karachi commissioner had been informed of the violation but the petrol pumps' owners acquired a stay order from the high court when the city administration took action to reclaim the encroached land.

The order also mentions that the railway secretary had informed the court that the Executive Committee of the National Economic Council (ECNEC) had decided to hand over the management of local trains to the provincial government, as a measure to restore Karachi Circular Railway. In light of this information, the apex court has ordered the railway secretary to present ECNEC's decision to the court on February 21.

In the order, the SC has also directed the relevant authorities to immediately remove encroachments from Shahrah-e-Quaideen and connecting roads, shift vehicle repair shops encroaching public spaces in Khudadad Colony elsewhere, raze illegal structures from two acres of land adjacent to Aladdin Park, as well as cancel the lease of the residential scheme's builder and acquire the possession of the land, remove encroachments from Kidney Hill Park and ensure the completion of the Green Line bus rapid transit project by March, 2021.

The court has further ordered the Sindh advocate general to deal with cases pertaining to encroachments under trial in the high court and clear the city of illegal structures. "It is expected of the high court to announce verdict on the cases [pertaining to encroachments] within two months," the SC order states.

Besides, the SC has sought records of all ground-plus-two buildings constructed in the city over the last decade.

Further directing the federal government and Karachi commissioner to submit a report on the legal status of Hyatt Regency Hotel, the court has stated in the order that the construction of development projects on any land allotted for playgrounds or parks will not be permitted.

Published in The Express Tribune, February 20^th, 2020.