KARACHI: The Sindh High Court (SHC) has issued a directive for the demolition of an unauthorized construction within the Karachi Administration Employees Cooperative Housing Society.
The court has further instructed the use of police assistance if necessary to remove the occupants from the building.
Additionally, the SHC has called for action against the licensed architect and engineer responsible for issuing a false completion certificate and plan.
This ruling emerged from a petition submitted by Tanveer Ahmed and others concerning an illicit construction within the society.
Usman Farooq, the petitioners’ counsel, stated that a private builder had erected a multi-story structure on a residential plot without an approved plan.
This construction also involved the unauthorized addition of a fourth floor, impacting the sunlight and ventilation of neighboring buildings.
In response, the Sindh Building Control Authority (SBCA) highlighted that the private builder had erected the second, third, and fourth floors without the necessary approval.
These additional floors were not eligible for regularization under the Karachi Building & Town Planning Regulations of 2002.
A representative of the private builder argued that their case was now limited to the ground-plus-three floors.
While acknowledging the unauthorized construction of two additional floors, they emphasized the SBCA’s role in evaluating the regularization of this unapproved addition during the processing of the building’s completion plan.
The occupants of the building, represented by Syed Salim Ahmed, asserted their right to be heard, citing their property purchase from the builder.
After assessing the arguments, a division bench of the high court comprising Justice Adnan Iqbal Chaudhry and Justice Zulfiqar Ali Sangi observed that occupants residing in the building without a valid occupancy certificate could not claim legitimate status.
The court determined that the occupants had no legal standing and had essentially assumed the builder’s responsibilities.
The bench noted that the private builder had violated the approved building plan, prompting the SBCA to demolish the unauthorized construction.
Despite this, the builder proceeded to reconstruct the third floor.
After reviewing the record, the SHC concluded that the certification claiming compliance with the approved building plan was misleading.
This finding established grounds for the suspension or cancellation of licenses held by the architect and engineer involved, under the regulations outlined in the Karachi Building & Town Planning Regulations of 2002.
Consequently, the SHC has directed the SBCA to execute the demolition of the unauthorized structure by removing the occupants.
Besides, the court also emphasized that the financial burden of demolition would be borne by the builder.
Source: The News
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Respected citizens
Dont purchase any new construction unless high court approves. High court must give Noc to avoid later on dispute
💯 agreed
But high Court did not issue NOC
There is no rule that high court issues a NOC. It’s the buyers responsibility to check the relevant documents.
The issuing of NOC is process and the authority is SBCA..
SCBA is corrupt and always deny issuing NOC and become innocent in court of law. It is the residents of property who are always bear loss. Example is Nasla Tower.
Today they use cranes and labours to demolish our walls and roofs and sealed our house without sending a notification
A notification is sent to the owner of the house 15 days before using machinery on their property thats HILARIOUS my heart is pounding tears in my moms eyes. My dad is researching for what we have done wrong.
Too much money is wasted.
he recent development regarding the Sindh High Court’s (SHC) decision to order the demolition of an unauthorized construction within the Karachi Administration Employees Cooperative Housing Society is a significant step towards upholding legal and planning regulations.
The SHC’s directive underscores the importance of adhering to approved plans and regulations in construction projects. The court’s firm stance is evident in its instruction to utilize police assistance if required to evacuate the occupants from the unauthorized building, emphasizing the gravity of the situation.
Moreover, the SHC’s call for action against the licensed architect and engineer responsible for providing a false completion certificate and plan adds an essential layer of accountability to the case. This move signals that those involved in unlawful practices will not be exempt from consequences.
The petitioners, led by Tanveer Ahmed, rightfully raised concerns about the illicit construction, highlighting that a private builder had undertaken a multi-story structure without the necessary approvals. The unauthorized addition of a fourth floor not only violated regulations but also negatively impacted the surrounding buildings’ access to sunlight and ventilation.
The response from the Sindh Building Control Authority (SBCA), which revealed that the private builder had exceeded approved limits by adding second, third, and fourth floors without authorization, aligns with the need to ensure adherence to building regulations. The fact that these additional floors cannot be regularized under the existing town planning regulations further underscores the gravity of the situation.
This ruling serves as a reminder that proper adherence to building and planning regulations is vital for maintaining the integrity of housing societies and the well-being of their residents. The SHC’s decisive action sets a precedent for upholding the rule of law in construction projects and emphasizes the importance of responsible development for the benefit of all stakeholders involved.
What is the role of SBCA in looking the other way while allowing the builder to carry on the projects, after getting the illegal gratification
Brave decision in today’s circumstances SBCA the main culprit should be given exemplary punishment and SBCA officials should pay compensation to flat owners