ProPropertyNewsSHC Issues Last Chance to SBCA for Unauthorized Construction Compliance

SHC Issues Last Chance to SBCA for Unauthorized Construction Compliance

KARACHI: The Sindh High Court (SHC) expressed strong disapproval towards the Sindh Building Control Authority (SBCA) for its failure to take action against unauthorized and illegal constructions, despite a previous court order.

The SHC has granted the SBCA a final opportunity to implement the court’s directives.

A two-judge bench led by Justice Adnan Iqbal Chaudhry has ordered the district East director of the SBCA to appear in court on August 1, along with a compliance report.

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The bench was hearing a petition filed against alleged illegal and unauthorized construction at the Karachi Administration Employees Cooperative Housing Society (KAECHS).

During the hearing, the bench observed that on May 23, the SHC had specifically directed the SBCA to refrain from allowing any unauthorized construction on the mentioned plot.

However, despite the court’s order, four floors were reportedly constructed by the builder/owner without an approved building plan.

In response, a report was sought from the SBCA on July 7, and the director-general was instructed to ensure compliance.

The SBCA faced the court’s harsh criticism as neither the required report was submitted nor was the concerned director present during the hearing, leaving the lawyer for the authority unable to provide a satisfactory explanation.

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In response to the court’s summons, the SBCA director-general, Yaseen Sher, appeared before the bench and requested time to take necessary action for complying with the court order and submitting a report.

The bench issued the following order: “By way of a last opportunity, adjourned to August 1, 2023. The report shall also explain what efforts were made by the director of SBCA East, namely Syed Asif Rizvi, to implement the order dated May 23, 2023.”

The builder’s lawyer informed the court that his client had filed a constitutional petition in the SHC.

Consequently, the bench instructed its office to consolidate the petition with the ongoing matter for a joint hearing.

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The bench clarified that the SBCA chief need not appear in person at the next hearing if compliance is duly executed.

To ensure the implementation of the court order, the bench directed the Tipu Sultan SHO to provide full assistance to the SBCA.

The petition was filed by Tanveer Ahmed and two others, alleging that builder Mohsin Waheed was engaged in constructing a multi-story building in Block 5, KAECHS, without an approved building plan, while the SBCA failed to take appropriate action.

Source: DAWN