SHC tells Sindh govt to notify authority under building control laws

The Sindh High Court has declared that notification of the director general of the Sindh Building Control Authority (SCBA) to act as an authority for the entire province was issued in flagrant violation and derogation of Section 4 of the Sindh Building Control Ordinance and directed the provincial government to issue a notification for the constitution of authority under the Sindh building laws.

The direction in a matter regarding the non-constitution of SBC Authority and oversee committee under Section 4 and 4-B of the SBC Ordinance 1979.

A division bench headed by Justice Salahuddin Panhwar had directed the director general of the SBCA to submit a complete mechanism with regard to appointment of authority under Section 4 of the SBC Ordinance.

The SBCA DG filed a statement along with certain documents including a notification issued on July 10, 2013 whereby the DG was notified to act as an authority for the entire province.

The court observed that prima facie the notification was issued in flagrant violation and derogation of Section 4 of the SBC Ordinance 1979. It said that under Section 4 of the SBCO and in view of the explicit intention of the legislature, the DG cannot be appointed to act as a “body corporate”, council, department, functionary or an organization in his individual capacity.

The court observed that there shall be an authority whereas in the earlier notification the KDA was appointed to act as authority as well as District Council under the system of Nazim added as authority.

The court directed the government to issue a notification for constitution of authority of the SBCA within the scope of Section 4 of the Ordinance 1979 with the consultation of the law department within a period of one month.

Regarding the constitution of an oversee committee to monitor all affairs of the SBCA and monitor grant of permission of high-rise buildings under the SBCO, the court was informed that the oversee committee was constituted under the chairmanship of the secretary local government on August 24, 2020; however, the committee was abolished through a notification issued by the additional chief secretary on December 21, 2022.

The court observed that the oversee committee as provided under Section 4-B of the SBCO was not functioning.

The provincial law officer informed the court that a sub-committee under the notification issued on December 28, 2022 was constituted by the provincial cabinet regarding an amendment in Section 4-B of the SBCO by replacing the oversee committee with the government body.

The court observed that this letter shows that the local government department has failed to comply with sections 4 and 4-B of the Ordinance, by none-appointment since; therefore, the whole burden is shifted upon courts to examine illegalities/irregularities allowed by SBCA officers/officials with regard to construction of building(s).

The court directed the Sindh government to notify the oversee committee by joining all stakeholders as per law, within a period of one month.

It was informed by the SBCA DG that around 300 posts were vacant in the SBCA and as per rules the committee constituted by the Sindh government was required to make recruitments.

The court observed that Sindh government had approved policy to recruit officials from grade 5 to grade 15 through third-party testing agency and such method be adopted by the SBCA. The court directed the local government department to amend the respective rules in vires of amended rules in the civil servant Act and for other institutions and corporate bodies.