SBCA DG restrained from acting as authority for 10 days

The Sindh High Court (SHC) took exception to the appointment of the Sindh Building Control Authority director general in violation of court order and restrained the DG SBCA from acting in the capacity for a period of 10 days.

Hearing a petition against the declaration of a property as dangerous building, a division bench of the SHC headed by Justice Salahuddin Panhwar observed that the high court had already declared in an illegal construction case that under the sections 4(A) and 4(B) of the Sindh Building Control Authority Ordinance, 1979, an individual could not function as a corporate body or authority.

The SHC had observed that the appointment of an officer as the DG of the SBCA for the province of Sindh was in contravention of the intent and spirit of the Section 4.

The high court had observed that the section 4 pertained to the constitution of the authority including appointment of officers, advisers, experts, consultants, and employees for efficient performance of its functions and on such terms and conditions, as may be prescribed.

The bench had observed that the Section 4-B dealt with the constitution of a committee for supervision over the authority and directed the local government secretary to issue a notification in compliance with the Section 4-A and B of the ordinance. The SHC observed that an order was issued in March 2024 and it was concerning that the present director general of the SBCA was appointed in apparent violation of the legal principles established therein.

The high court restrained the present SBCA DG from acting in the capacity of an authority for a period of 10 days. The SHC observed that this restraint was being imposed to prevent further legal inconsistencies and potential misuse of authority until this matter was thoroughly reviewed. The SHC observed that the issue would be addressed in detail in the relevant case, the hearing of which had been scheduled for August 29.