Action ordered against SBCA officials allowing unauthorised constructions

The Sindh High Court (SHC) has taken exception to unauthorised constructions and illegal portions in residential areas, saying that Karachi has become a concrete jungle with widespread illegal constructions taking place without the Sindh Building Control Authority’s (SBCA) approval of building plans. 

Issuing its judgment on a petition against an unauthorised construction in North Nazimabad, an SHC division bench headed by Justice Salahuddin Panhwar said the SBCA and its officials are in a deep slumber instead of exercising their authority to stop illegal constructions from inception.

The court directed the SBCA director general to initiate appropriate action against SBCA officials, as well as owners, builders and construction companies, with regard to any identified illegalities.

The bench said that the relevant authorities often wake up only after the buildings have been raised, and the units have been sold, which is unacceptable.

The court said that in case any illegal construction is found after the occupation of a building, the SBCA DG should take stern action against all the officials concerned, as well as the builder.

The bench said that if it is found that the court’s orders have not been complied with in letter and spirit, it would be deemed defiance of the court’s order, and the delinquent officers should be exposed to contempt proceedings.

The court directed the SBCA chief to ensure coercive measures, including civil and criminal liability, against the builder who has raised an unauthorised construction, and compel the builder to get the building regularised, and pay all the fees and penalties.

The bench ordered to absolve the occupants of responsibility because they had no knowledge of the unauthorised construction, and initiate action against SBCA officials for their negligence in failing to stop the illegal construction well in time or for making the public aware.

The court also ordered action against owners, builders and construction companies for any identified illegalities, saying that the overarching goal is to hold all responsible parties accountable, regularise unauthorised constructions, and prevent future occurrences of illegal building activities.

The bench also ordered compensating or adjusting innocent occupants before taking any coercive action by the respective parties, and establishing special courts under the SBCA Ordinance 1979 in each Taluka of the province.

The court said that parties are at liberty to approach either the special court for the redressal of offences as defined in the SBCA Ordinance 1979 or the civil courts of the competent jurisdiction for the resolution of civil matters, including the regularisation of buildings, if so desired, after exhausting remedies before the competent authority, as provided under the SBCA Ordinance 1979.

The bench also took notice of the lack of implementation of various sections of the SBCA laws, including Section 7B, which deals with town planning, and directed the chief secretary to submit a compliance report in view of the section, which has been amended and promulgated since a very long time.

The SHC said the report must contain all the master plans of all the towns and districts in the province, noting in the order that it is expected that strict compliance would be ensured by the officials concerned stationed in various regions, and if any deviations are reported against the approved master plans, the delinquent officials would be dealt with strictly in accordance with the law.