SHC restrains utility companies from providing services to any premises without original building plan

The Sindh High Court has restrained utility companies from providing utility services connections to any premises in the city unless the approved completion of the building plan is produced in original by the applicant.

The court also directed the district registrar of Karachi to not register any sale, lease, sub-lease deed in respect of newly constructed building unless deed is accompanied by the approved completion building plan of such premises.

The directions came on a petition against an unauthorized multi-storey building in Agra Taj Colony in Lyari. During the hearing of the petition, a division bench, headed by Justice Nadeem Akhtar, observed that the Sindh Building Control Authority has pointed out in comments that utility connections have been provided to the multi-storey building in absence of an approved building plan.

It observed that the Sindh Building Control Ordinance’s section 18-G specifically provides that no authority shall provide utility connections including water and sewerage, gas and electricity unless an approved building completion plan is produced before authority, besides sale, lease, and sub-lease deed of newly constructed premises.

The court observed prima facie utility connections were provided to the unauthorized building in violation ofSection 18G of the SBCO. It said such a mandatory requirement was made by the lawmakers with the specific intention to prevent illegal constructions, which undoubtedly destroyed the infrastructure of the city and was one of the causes of a shortage of utility facilities for the citizens who were legally entitled to enjoy the same.

The court directed the utility companies to not allow such connections to premises which do not have a complete approved building plan and these agencies must verity the approved building plan from the issuing authority.

It also court took exception to non-compliance with the court directives and directed the SBCA and other civic agencies to remove the unauthorized construction and submit a compliance report.

The court directed the regional director of the National Database Registration Authority to block the national identity cards of SBCA Director South Ashfaq Hussain and Deputy Director SBCA South Imtiazul Haq Sheikh till compliance with the court order in letter and spirit.

It also issued a show-cause notice to director general of the SBCA to explain non-compliance with the court order and to submit a report on who were responsible for allowing the unauthorized building in Lyrai and to register an FIR against SBCA officials who granted permission for this as well as against the builder of such construction.