Man gets relief from SHC in case against SBCA, KDA

Bench orders Rs10.1m compensation for demolishing petitioner's restaurant

KARACHI:

The Sindh High Court (SHC) has ordered the Sindh Building Control Authority (SBCA) and others to pay Rs10.1 million in compensation to a petitioner in a case related to ownership of a plot in Clifton Block 3.

The petitioner proclaimed ownership of the plot adjacent to Bagh Ibn-e-Qasim and challenged the demolition of his restaurant. The court issued the order against the SBCA, KMC and others for inflicting mental torture on the petitioner.

As per the court order, the authorities will pay the amount to the petitioner along with a markup of 17 years. The court remarked that the rules laid for the demolition process had not been implemented by the concerned institutions. In the order, Justice Faisal Kamal Alam said that the concerned institutions have destroyed Karachi by misuse of powers and illegal activities. Due to the policies of the administration, the city is going towards degradation instead of development, the order states.

The court also observed that while opportunities are created for tourism in the beachfront areas around the world, Karachi lacks development activities. It declared that demolition of the petitioner's property was against the law. However, the court rejected the pleas for provision of an alternative plot or financial compensation of Rs60 million as damages. As per the petition, the restaurant was established on 100 square yards of land adjacent to Bagh Ibn-e-Qasim in Clifton Block 3. Later, the KDA canceled the lease in 2005 and merged its land with Bagh Ibn-e-Qasim. In June 2005, the structure on the plot, comprising a restaurant, was demolished without a prior notice.

Published in The Express Tribune, October 23^rd, 2022.