SBCA told to stop unauthorised construction in Jauhar park

The Sindh High Court (SHC) has directed the Sindh Building Control Authority (SBCA) to ensure that no unauthorised construction is allowed on the amenity plot in Block 14 of the Gulistan-e-Jauhar neighbourhood.

The direction came on a petition filed by Saadullah Khan and other residents of Gulistan-e-Jauhar Block 14 against illegal construction on an amenity plot situated at ST-12.

Their counsel said that without getting the building plan approved, the private respondent was raising an illegal multi-storey building in the park in an exclusively residential area.

He said that the structures of the petitioners’ houses are being affected on account of the land being dug through heavy machinery on the construction site.

He added that the private respondent was issuing pamphlets for a commercial educational institution despite the respondent not obtaining any prior permission from the Sindh Environmental Protection Agency (Sepa) for raising a multi-storey building in the residential area.

He also said that the walls of the houses of the petitioners are being damaged due to the construction work under way on the amenity plot. The counsel said that various complaints have been filed with the relevant authorities, including the SBCA, but no action has been taken. He requested the court to restrain the private respondent from raising the unlawful construction on the amenity plot, and to order demolishing the entire unauthorised construction.

After the preliminary hearing of the petition, an SHC division bench headed by Justice Aqeel Ahmed Abbasi issued notices to the SBCA, Sepa and others, telling them to file their comments on May 25.

The court directed the SBCA to inspect the site in the meantime and ensure that no unauthorised construction is allowed to be raised as claimed in the petition.

The court also directed that in case of any damage caused to the petitioners’ houses due to the construction, necessary protection be provided in accordance with the law.

Encroachment

The SHC directed the District Malir deputy commissioner and others to take action against the encroachment allegedly being carried out on state land in the Murad Memon taluka of Malir.

Petitioner Samina Billo said that she is an owner of land in Deh Konkar in District Malir, adding that opposite her land is state land that is being encroached upon by land grabbers.

Her counsel said that unscrupulous elements have been raising construction and boundary walls to encroach upon the state land despite having no right or claim of title to the state land.

The court issued pre-admission notices to the Sindh advocate general, the District Malir DC and others, telling them to file their comments. The court directed the relevant authorities, including the DC to inspect the site in the meantime.

The DC has been told to verify if the state land has been occupied and is being encroached upon with the construction of boundary walls, in which case appropriate action must be taken in accordance with the law, and a compliance report should be submitted by May 25.