SHC orders LG department to notify Master Plan Authority as per building control law

The Sindh High Court (SHC) had directed the local government secretary to issue a notification with regard to the constitution of the Master Plan Authority and ensure formation of the authority by including all stakeholders.

The direction came recently on a petition with regard to an unauthorised construction in the Nazimabad area. The high court had earlier directed the provincial law officer and Sindh Building Control Authority (SBCA) to submit a compliance report on various provisions of the Sindh Building Control Ordinance (SBCO) with regard to the constitution of an oversee committee and the Master Plan Authority.

The Master Plan Authority senior director appeared before the high court and submitted a report on an integrated planning agency for Karachi that provided mechanism to approve layout plans, which was taken on record by the court.

A division bench of the high court headed by Justice Salahuddin Panhwar observed that it had also come on record that the master plan authority had not been constituted yet.

The SHC observed that the Master Plan Authority senior director could not act alone as the authority. The high court directed the local government secretary to issue a notification with the consultation of the law department as well as all the relevant stakeholders and ensure that the authority was formed with the inclusion of all stakeholders.

The bench observed that after a judgment of the Supreme Court, all powers of the Sindh Building Control Authority and other town planning agencies were to be transferred to the local bodies.

The high court directed the Sindh advocate general to assist the court on the matter.

The SHC directed the Master Plan Authority senior director to place on record a complete mechanism by ensuring that not a single layout plan was approved without providing a service road if that building or colony or society was falling on any link road or main road, and all amenities, including footpath for pedestrians having sufficient space on every street, green belts, parks and other amenities as per size of the society, were provided.

The SHC sought a compliance report on the next hearing.

The high court also took exception to the authorities’ failure to comply with the court order with regard to notification of the oversee committee and issued a show-cause notice to the local government secretary as to why contempt of court proceedings should not be initiated against him.

The SHC had earlier observed that the oversee committee as provided under the section 4-B of the SBCO was not functioning.

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

The high court observed that this letter showed that the local government department had failed to comply with the sections 4 and 4-B of the ordinance by not appointing the oversee committee, due to which the whole burden had been shifted upon courts to examine illegalities/irregularities allowed by SBCA officers with regard to the construction of buildings.

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

It is pertinent to mention that the SHC had earlier declared that the notification empowering the SBCA director general (DG) to act as an authority for the entire province was issued in flagrant violation and derogation of the section 4 of the SBCO and directed the Sindh government to issue a notification for the constitution of the authority under the Sindh building laws.

The high court had observed that under the section 4 of the SBCO and in view of the explicit intention of the legislature, the SBCA DG could not be appointed to act as a “body corporate”, council, department, functionary or an organisation in his individual capacity.

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