SHC order of partial demolition of building not implemented

Razing illegal portions may lead to collapse of entire building constructed in violation of building bylaws

An order of Sindh High Court regarding partial demolition of a commercial building, which may lead to demolition of the entire structure in Latifabad area is yet to see the compliance.

Although the Sindh Building Control Authority belatedly issued notice on May 13 to the builder Muhammad Waseem in the light of April 14 SHC order, no action has been taken despite completion of three-day warning period.

Waseem is constructing a ground plus four commercial building on two amalgamated plots measuring 300 square yards each in Latifabad Unit No6.

The status of the said plots was also converted from residential to commercial, an activity which at present has been banned by the SHC in Hyderabad. Waseem has allegedly deviated from the approved layout plan and has not left proper open spaces, raising the structure of all the four stories so far.

The construction was challenged in 2017 by a local resident Syed Munir Hassan, whose house borders the building. On May 5, 2021, Hassan won the legal battle when SHC Hyderabad circuit bench ordered SBCA to demolish the building to bring it in conformity with the approved building plan where compulsory open spaces on both the sides are to be left out.

According to the petitioner, the builder was supposed to erect the structure 10 feet away from his house.

However, he claims, Waseem left only four feet space between his house and the building, consequently, triggering cracks in the structure of his house. He also accused the builder for occupying eight feet area of the road in front of the building. Waseem challenged that order in SHC's principal seat in Karachi.

However, the bench in Karachi dismissed his review plea on April 14 and upheld the May 5, 2021, judgment of the Hyderabad bench. The SHC Karachi also observed that the SBCA has flouted the court's May, 2021, order.

"It appears that certain directions were given to demolish the building which prima facie appear to have not been complied with," the bench noted.

The SHC directed the SBCA to submit a compliance report within 15 days. The authority's notice stated that following the May, 2021, order some portions of the building were demolished but the RCC columns and slabs were not touched due to the fear of causing damage to the building.

The notice gave three days to the builder to voluntarily raze those RCC columns and slabs in three days failing which the staff of the authority will do that job, warning him that he would be responsible for any damaged caused to the building. On May 18, Hassan submitted an application in the SBCA asking the authority to comply with the SHC order.

He told The Express Tribune that he would file contempt of court plea against the SBCA if the order is not implemented.