Wednesday December 06, 2023

SHC orders SBCA to register FIR against officers who allowed illegal construction

November 21, 2023
The logo of the Sindh Building Control Authority (SBCA) from its website.
The logo of the Sindh Building Control Authority (SBCA) from its website. 

The Sindh High Court (SHC) on Monday directed the Sindh Building Control Authority (SBCA) director general (DG) to lodge an FIR against its officers who were posted in District Central when an unauthorised multi-storey building was allowed in the Liaquatabad area.

The direction came on a petition of Mohammad Shahid against the unauthorised building in Liaquatabad. The petitioner submitted that a private builder had raised ground-plus-six floors on an 80-square-yard plot without the approval of building plan.

A division bench of the high court headed by Justice Nadeem Akhtar took exception to the authorities’ failure to comply with the court orders for demolition of the unauthorised construction.

The SHC observed that the SBCA did not comply with the court order regarding demolition and did not provide names of the delinquent officers who had allowed the unauthorised construction.

The high court issued a show cause notice to the SBCA DG and District Central deputy director to explain why action should not be taken against them for willful defiance of court order. The bench directed the SBCA to submit a compliance report and lodge an FIR against relevant officials who were posted at the time the unauthorised construction was built.

The high court directed the Central deputy commissioner (DC) and SSP to provide proper protection to the SBCA’s demolition staff. The SHC also directed the DC and other respondents to disconnect the utility services of the unauthorised construction and submit a compliance report on the next hearing.

Amenity plot

The SHC also restrained a private respondent from raising any construction on an amenity plot in the Malir area. The direction came on a petition of Asif Iqbal and others who submitted that a private respondent had been raising an unauthorised construction on an amenity plot in the Malir Township area.

The petitioners submitted that the private respondent was encroaching upon the amenity plot and raising an illegal building there.

The high court issued notices to the SBCA, Karachi Development Authority and others and called their comments. In the meantime, the SHC restrained the private respondent from raising any building on the plot till the next date of hearing.