‘Illegal’ construction: Court orders sealing of project violating building plan
The project is a multi-storey residential and commercial building in Federal B Area.
KARACHI:
The Sindh High Court (SHC) ordered the Sindh Building Control Authority (SBCA) authorities on Thursday to seal a project built in violation of the approved building plan in Federal B Area.
A division bench, headed by Justice Sajjad Ali Shah, passed this order after the SBCA authorities showed their inability to demolish the illegal constructions.
A civil rights campaigner, Rana Faizul Hasan, had requested to the court to order the SBCA authorities to stop the construction of a high-rise building for residential and commercial purposes under the name of Elite Towers on Plot No. 17-C in Block-10 of FB Area. The project was being built by Asif and Allied Associates.
On Wednesday, a SBCA deputy-director submitted a report, which confirmed the violation of the approved building plan. The builder has covered the mandatory six-foot open space and converted it into a loft on the mezzanine floor. However, the director told the court that SBCA is not taking any action against the builders, as he has applied for regularisation under the amnesty scheme, which has been suspended by the SHC.
The two judges noted that, in such cases, the builder even hands over the possession of the project to the allotees without obtaining a no-objection certificate from the SBCA which creates complications in case the regularisation request is declined.
“In the circumstances, we direct the Sindh Building Control Authority to forthwith seal the project and submit a report on September 16, when the matter will be taken up for hearing,” ordered Justice Sajjad Ali Shah, who was heading the bench.
Published in The Express Tribune, September 12th, 2014.
The Sindh High Court (SHC) ordered the Sindh Building Control Authority (SBCA) authorities on Thursday to seal a project built in violation of the approved building plan in Federal B Area.
A division bench, headed by Justice Sajjad Ali Shah, passed this order after the SBCA authorities showed their inability to demolish the illegal constructions.
A civil rights campaigner, Rana Faizul Hasan, had requested to the court to order the SBCA authorities to stop the construction of a high-rise building for residential and commercial purposes under the name of Elite Towers on Plot No. 17-C in Block-10 of FB Area. The project was being built by Asif and Allied Associates.
On Wednesday, a SBCA deputy-director submitted a report, which confirmed the violation of the approved building plan. The builder has covered the mandatory six-foot open space and converted it into a loft on the mezzanine floor. However, the director told the court that SBCA is not taking any action against the builders, as he has applied for regularisation under the amnesty scheme, which has been suspended by the SHC.
The two judges noted that, in such cases, the builder even hands over the possession of the project to the allotees without obtaining a no-objection certificate from the SBCA which creates complications in case the regularisation request is declined.
“In the circumstances, we direct the Sindh Building Control Authority to forthwith seal the project and submit a report on September 16, when the matter will be taken up for hearing,” ordered Justice Sajjad Ali Shah, who was heading the bench.
Published in The Express Tribune, September 12th, 2014.