Illegal constructions: SHC asks KMC to explain basis for reducing size of amenity spaces
The direction was issued by a bench, headed by Justice Sajjad Ali Shah
KARACHI:
The Sindh High Court (SHC) has directed the Master Planning Department of the Karachi Metropolitan Corporation (KMC) to explain the legal parameters that allow for the reduction in the area of an amenity plot.
This direction was issued by a bench, headed by Justice Sajjad Ali Shah, on Friday during the hearing of a petition against the illegal conversion of an amenity space into a commercial one in Model Colony.
The petition was filed by Khawaja Muhammad Mukhtar Butt, a resident of Model Colony, who had taken KMC administrator, the Sindh Building Control Authority's director-general, Model Colony SHO and International Building Industries (Pvt) Limited to the court.
The petitioner claimed that the private builder had launched a residential and commercial project, by the name of Al-Mujeeb Gardens, on land survey Nos. 302, 303, 305 and 311 in Deh Mehran, Tapo Malir, Model Colony, with the approval of Malir Cantonment.
The petitioner pointed out that, according to its original approved plan of the project, there was a 1,867 square yard amenity plot, numbered ST-4. But the builder had allowed commercial constructions over the space.
He alleged that there was another 4,000 square yard amenity plot bearing registration number ST-2, but the builder had illegally renumbered it as ST-4 despite the fact that amenity plot's number can ever be changed. Now, the builder has carved out various commercial plots from this amenity space and wants to sell them.
The petitioner complained that the residents had made various requests to the local administration and police in order to save the amenity land but none of them had swung into action so far. The respondent builder has also gifted one plot carved out of ST-2 to DSP Imdad Ali Solangi, who is providing protection to the illegal business in return.
He argued that neither the registration number nor the status of any piece of land reserved for amusement facilities can be changed as per the provisions of the Karachi Town and Building Regulations 2000, as well as the Sindh Building Control Ordinance 1979.
The court was therefore pleaded to order the KMC administration and other authorities to take action against the private builder and official respondents involved in the disposal of the land in question.
On Friday, the petitioner's lawyer, Abid Akram, told the two judges that the respondent has now reduced the area of the amenity land. The respondent builder's lawyer contended, however, that the area has been shifted to another place, which was done within the parameters admissible under the law. In order to resolve the controversy, the bench directed the Master Planning Department of the KMC to work out all such plans approved for the project in question from time to time. The department was also asked to submit a report, explaining whether the ratio of the amenity plot has been decreased and, if so, whether the same was admissible within the permissible parameters.
Published in The Express Tribune, October 12th, 2014.
The Sindh High Court (SHC) has directed the Master Planning Department of the Karachi Metropolitan Corporation (KMC) to explain the legal parameters that allow for the reduction in the area of an amenity plot.
This direction was issued by a bench, headed by Justice Sajjad Ali Shah, on Friday during the hearing of a petition against the illegal conversion of an amenity space into a commercial one in Model Colony.
The petition was filed by Khawaja Muhammad Mukhtar Butt, a resident of Model Colony, who had taken KMC administrator, the Sindh Building Control Authority's director-general, Model Colony SHO and International Building Industries (Pvt) Limited to the court.
The petitioner claimed that the private builder had launched a residential and commercial project, by the name of Al-Mujeeb Gardens, on land survey Nos. 302, 303, 305 and 311 in Deh Mehran, Tapo Malir, Model Colony, with the approval of Malir Cantonment.
The petitioner pointed out that, according to its original approved plan of the project, there was a 1,867 square yard amenity plot, numbered ST-4. But the builder had allowed commercial constructions over the space.
He alleged that there was another 4,000 square yard amenity plot bearing registration number ST-2, but the builder had illegally renumbered it as ST-4 despite the fact that amenity plot's number can ever be changed. Now, the builder has carved out various commercial plots from this amenity space and wants to sell them.
The petitioner complained that the residents had made various requests to the local administration and police in order to save the amenity land but none of them had swung into action so far. The respondent builder has also gifted one plot carved out of ST-2 to DSP Imdad Ali Solangi, who is providing protection to the illegal business in return.
He argued that neither the registration number nor the status of any piece of land reserved for amusement facilities can be changed as per the provisions of the Karachi Town and Building Regulations 2000, as well as the Sindh Building Control Ordinance 1979.
The court was therefore pleaded to order the KMC administration and other authorities to take action against the private builder and official respondents involved in the disposal of the land in question.
On Friday, the petitioner's lawyer, Abid Akram, told the two judges that the respondent has now reduced the area of the amenity land. The respondent builder's lawyer contended, however, that the area has been shifted to another place, which was done within the parameters admissible under the law. In order to resolve the controversy, the bench directed the Master Planning Department of the KMC to work out all such plans approved for the project in question from time to time. The department was also asked to submit a report, explaining whether the ratio of the amenity plot has been decreased and, if so, whether the same was admissible within the permissible parameters.
Published in The Express Tribune, October 12th, 2014.