SHC seeks LG secy’s comments on framing of rules for land conversion for commercial use

The Sindh High Court (SHC) has directed the local government secretary to submit comments on framing of rules under the Sindh building control laws pertaining to planning, construction, control, demolition and disposal of buildings and town planning regulations as well as allowing use of residential land for commercial purposes.

The direction came on a petition against non-framing of the Sindh Building Control Authority’s (SBCA) rules and conversion of residential land into commercial purposes.

Petitioner Advocate Tariq Mansoor submitted that rules with regard to building planning, construction, demolition and disposal had not been framed under the Sindh Building Control Ordinance despite a lapse of 42 years.

He submitted that the Karachi Buildings and Town Planning Regulations 2002 had also unlawfully incorporated the change of land use and commercialisation mechanism, allowing the conversion and commercialisation of land without proper town planning and upgradation of civic amenities and infrastructure, which was severally affecting public amenities and residential neighbourhoods.

The petitioner said the Sindh Building Control Ordinance did not intend or authorise the change of land use and conversion of residential land as per the original master plan of the Karachi Development Authority, but contrary to it, the framers of Karachi Building Town Planning Regulations had prima facie acted in excess of their jurisdiction and themselves included the change of land use and commercialisation chapter, which was inconsistent with the ordinance.

He submitted that the Supreme Court had also imposed a ban on unlawful commercialisation and change of land use.

The high court was requested to direct the government to frame the building, planning, construction, control, demolition and disposal rules and declare the town planning regulations with regard to the change of land use for commercialisation to be unlawful and in contravention of the parent law.

The petitioner also requested the SHC to direct the civic bodies to enforce the Supreme Court’s directives against unlawful constructions and change of land use for commercial purposes in all the residential neighbourhoods of the city.

He asked the high court to direct the government to bring the provisions of the Sindh Building Control Ordinance and town planning regulations in accordance with the teachings of Islam to the extent of enforcement of rights of neighbourhood in the religion.

The local government secretary submitted that comments would be filed soon on the rules that had so far already been framed.

A division bench headed by Justice Mohammad Faisal Kamal Alam directed the local government secretary to file comments with regard to framing rules within two weeks.