Clifton resident takes KBCA to court for ‘illegal construction’
Petitioner challenges construction of high-rise building on a residential plot.
KARACHI:
The Sindh High Court issued a notice to the Sindh Environmental Protection Agency (Sepa) director-general, Karachi Building Control Authority (KBCA) chief controller, advocate-general, Sindh, and a private respondent over the construction of a high-rise commercial building which is said to be violating environmental and building laws in Clifton.
Petitioner Wazir Ali along with other residents of Block 7, KDA Scheme 5, Clifton, challenged the construction of the high-rise building on a residential plot and declared its construction in violation of the approved building plan for the area.
They submitted that another resident, Salim Godil, received permission from the KBCA to build a multi-storey building on his plot No. F-96/1, measuring 2133.33 square yards, in the same block.
The petitioner’s counsel also submitted that the EDO master plan group of offices had earlier issued a No-Objection Certificate (NoC) declaring roads in the locality commercial. But the NoC was withdrawn on the order of the high court in an identical case. The counsel also contended that regulations for the area were framed under the KDA Ordinance 1957, therefore, the City District Government, Karachi’s rules and regulations concerning construction are not applicable there.
They alleged that the owner of the building in question was violating environmental and buildings laws, but Sepa and KBCA were taking no action.
After hearing the arguments on Saturday, the division bench, headed by Justice Mushir Alam, issued notices to the respondents. The hearing was adjourned.
Saddar deteriorating building case
Another division bench directed the provincial antiquities department secretary to submit records of the maintenance and preservation of 600 heritage-declared buildings within seven days, including that of school buildings.
The petitioner, Nafeesa Begum, who is a resident of Saddar, submitted that the provincial education department had been running Government City Boys Secondary School in the upper portion of her building for over 35 years. Several applications were moved to the KBCA between 1998 and 2004, informing them that the building constructed on Plot No. 3/19, Serai Road Quarters, Saddar Town, was over 120 years old and could collapse because of its deteriorating condition. But the KBCA was not demolishing it, they added.
Meanwhile, antiquities department secretary Kaleemullah Lashari stated that he is merely a conservator for buildings on the advisory committee’s recommendations.
The high court’s bench ordered: “The antiquities secretary is directed to bring on record proper statements with supporting documents for the examination of [the] court to issue necessary directives to provide maintenance and protect heritage buildings within seven days. Kaleemullah Lashari [...] is to also bring on record as to what buildings are being conserved by his department on recommendation of [the] advisory committee. Notice be issued to the culture and heritage secretary as to what measures are [being] taken for the preservation of public-use buildings such as school buildings and the allocations and use of funds for such purposes.”
Published in The Express Tribune, October 17th, 2010.
The Sindh High Court issued a notice to the Sindh Environmental Protection Agency (Sepa) director-general, Karachi Building Control Authority (KBCA) chief controller, advocate-general, Sindh, and a private respondent over the construction of a high-rise commercial building which is said to be violating environmental and building laws in Clifton.
Petitioner Wazir Ali along with other residents of Block 7, KDA Scheme 5, Clifton, challenged the construction of the high-rise building on a residential plot and declared its construction in violation of the approved building plan for the area.
They submitted that another resident, Salim Godil, received permission from the KBCA to build a multi-storey building on his plot No. F-96/1, measuring 2133.33 square yards, in the same block.
The petitioner’s counsel also submitted that the EDO master plan group of offices had earlier issued a No-Objection Certificate (NoC) declaring roads in the locality commercial. But the NoC was withdrawn on the order of the high court in an identical case. The counsel also contended that regulations for the area were framed under the KDA Ordinance 1957, therefore, the City District Government, Karachi’s rules and regulations concerning construction are not applicable there.
They alleged that the owner of the building in question was violating environmental and buildings laws, but Sepa and KBCA were taking no action.
After hearing the arguments on Saturday, the division bench, headed by Justice Mushir Alam, issued notices to the respondents. The hearing was adjourned.
Saddar deteriorating building case
Another division bench directed the provincial antiquities department secretary to submit records of the maintenance and preservation of 600 heritage-declared buildings within seven days, including that of school buildings.
The petitioner, Nafeesa Begum, who is a resident of Saddar, submitted that the provincial education department had been running Government City Boys Secondary School in the upper portion of her building for over 35 years. Several applications were moved to the KBCA between 1998 and 2004, informing them that the building constructed on Plot No. 3/19, Serai Road Quarters, Saddar Town, was over 120 years old and could collapse because of its deteriorating condition. But the KBCA was not demolishing it, they added.
Meanwhile, antiquities department secretary Kaleemullah Lashari stated that he is merely a conservator for buildings on the advisory committee’s recommendations.
The high court’s bench ordered: “The antiquities secretary is directed to bring on record proper statements with supporting documents for the examination of [the] court to issue necessary directives to provide maintenance and protect heritage buildings within seven days. Kaleemullah Lashari [...] is to also bring on record as to what buildings are being conserved by his department on recommendation of [the] advisory committee. Notice be issued to the culture and heritage secretary as to what measures are [being] taken for the preservation of public-use buildings such as school buildings and the allocations and use of funds for such purposes.”
Published in The Express Tribune, October 17th, 2010.