SHC bars unlawful construction at Scheme 33 amenity park

The Sindh High Court on Tuesday directed the deputy commissioner of District East, the Sindh Building Control Authority and others to ensure that no construction shall be allowed to be made on an amenity plot situated in Scheme 33.

The direction came on a petition of Adnan Sharif and others against an unauthorised construction at a plot meant for amenity purpose in Sector 15-a, Gulzar-e-Hijri, Scheme 33.

The petitioners’ counsel Usman Farooq submitted that the petitioners were residents of Scheme 33 and they came to know that the private respondent, in defiance of the sanctity of urban planning regulations and the rights of the community, had initiated an illegal construction venture on the very park area that was exclusively designated for the benefit of the local inhabitants. He said the petitioners had expressed their grievance against the encroachment and unauthorized construction being raised on an amenity plot situated in New Lyari Cooperative Housing Society by the private respondent.

The counsel said the plot was meant for amenity purpose as per the original layout plan of the area. He said the petitioners had also approached the KDA and the SBCA, intimating them about the encroachment on the amenity plot and violation of the Karachi Building and Town planning regulations; however, no action had been taken by them.

A division bench, headed by Justice Aqeel Ahmed Abbasi, after the preliminary hearing of the petition, issued notices to the District East DC, SBCA and others and called their comments. The court in the meantime directed the respondents to ensure that no construction was allowed to be made on the subject plot if it was meant for amenity purpose as per the original layout plan. It said the SBCA would take appropriate action against the private builder after giving him a notice in case any violation of law.