SC directs BHC to hear high-rise constructions case again

The Supreme Court (SC) on Monday directed the Balochistan High Court (BHC) to hear the parties concerned again in a case where the latter had ordered action against buildings more than 30 feet high.

A division bench of the top court comprising Justice Mushir Alam and Justice Qazi Amin heard the case.

During the hearing, counsel for a private hospital Amanullah Kanrani adopted the stance that the case was heard in BHC on August 18 in which he had been made a party.

He said that on the basis of reports published in newspapers, the high court without making him party and hearing his stance had ordered action.

He recalled that the apex court in 2014 had declared that a high court had no authority to take a suo moto notice.

He said that in several places, buildings more than 30 feet high had been constructed and that the building of high court itself was more than 50 feet high.

Justice Amin asked the counsel if he meant the high court had got the petition filed through someone.

The lawyer replied that he did not mean that but questioned how could the decision be made without making him a party.

Justice Amin observed that the SC had given a similar judgment in the Covid-19 suo moto case.

The apex court directing the BHC to look into the matter again disposed of the petition.

Published in The Express Tribune, August 25^th, 2020.