SBCA again draws SHC’s ire

Court slams authority’s officials for uncontrolled illegal construction

Our Correspondent December 19, 2021
A file photo of the Sindh High Court building.


The Sindh High Court has ordered the demolition of illegal structures on a plot in North Nazimabad's Block-C and immediate action against SBCA officers as well as the builders.

A two-member bench, comprising Justice Zafar Ahmed Rajput and Justice Muhammad Faisal Kamal Alam, heard the petition. The court was furious at SBCA officials for failing to take action against the construction in question.

The SBCA's counsel argued that the department did not have the necessary team to demolish such a large number of structures. "Why did you let it reach this stage?" Justice Alam questioned. Justice Rajput remarked that even if ordinary people put a sack of gravel outside their homes, SBCA officials reach the site immediately. "Don't you see so many illegal constructions? What were your inspectors doing when all this was happening?" Justice Rajput asked.

Read SHC irked over construction of illegal portions

Justice Alam inquired from the SBCA counsel about the action taken against the authority's officers. The SBCA counsel sought a week's time. "Where are the builders Kashif Hussain and Umair Irshad? Who is Rajab Ali?" the bench asked. The petitioner's counsel argued that Rajab Ali was the builder who built and sold the building.

Also, the Sindh High Court, while issuing a written verdict on the petition against illegal constructions in North Nazimabad Block D, ordered an immediate halt to construction work on Plot No D-1, 8/11. A two-member bench, headed by Justice Zafar Ahmed Rajput, issued the verdict.

The court issued notices to the Sindh Building Control Authority (SBCA) director general and builder Irfan Ahmed. It was argued in the petition that illegal constructions were being carried out in North Nazimabad. "Illegal portions will cause the worst problems for the residents of the area. SBCA officials have failed to fulfill their responsibilities," it contended.

Separately, in a petition filed against illegal constructions in the Akhtar Colony area of Mehmoodabad, the Sindh High Court directed the petitioner to make the Cantonment Board Clifton (CBC) a party in the plea.

The two-member bench, headed by Justice Zafar Ahmed Rajput, heard the petition against the construction of illegal portions in Akhtar Colony. The petitioner's counsel argued that portions were being constructed in Akhtar Colony. "Illegal constructions in house number 5/18 staff line may be stopped," he contended.

In its observation, the court remarked that the said area sis not fall under the jurisdiction of the SBCA. "How can SBCA take action in DHA Phase-1?" the court asked. It ordered the petitioner to make CBC a party in the petition.

In another case, the Sindh High Court sought a report from the Engineering Council on a petition seeking further construction on a shop in Jodia Bazaar. A two-judge bench, headed by Justice Zafar Ahmed Rajput, heard the petition.

The petitioner's counsel contended that illegal constructions had been completed on a shop in Jodia Bazaar. "Construction in 2018 is affecting shops and businesses. Three attempts by SBCA to demolish the structures failed," the counsel argued. Meanwhile, the property owner's counsel argued that the construction was done before the establishment of Pakistan and the arguments of the shopkeeper were wrong.

"The report of the Engineering Council also did not specify the period of construction," he contended.

The petitioner's counsel argued that the Engineering Council had billed more than Rs600,000, but did not hear their position. "You did not pay the fees of the Engineering Council specialist, so no one signed the draft," the court remarked.

It added that the draft could be called a report. Finally, the Sindh High Court issued notices to the KMC parks director, KDA and Bahadur Yar Jang Society on a petition against the construction of Al-Bari Tower on what is reported to be park land in Bahadurabad.

The two-judge bench of Justice Zafar Ahmed Rajput and Justice Muhammad Faisal Kamal Alam heard the petition. Irfan Aziz, counsel for the petitioner, argued that as per the directions of the court, the directors of parks and the housing society have been made parties.

Read SHC summons cantonment bosses

The court granted the application to make the directors of Parks and Society parties in the case. Advocate Irfan Aziz argued that Al-Bari Tower was built on the land of a historical park of Bahadurabad.

The SBCA counsel argued that the Supreme Court had taken notice of the matter and it was pending before it. The court issued notices to the KMC parks director, KDA and Bahadur Yar Jang Society, seeking their reply on the matter.


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