Residents of a multi-storey building have approached the Sindh High Court seeking revision of an earlier high court’s direction to the Sindh Building Control Authority (SBCA) stating that it was obtained by misrepresentation of the facts.
The applicants, Malik Khalil Ahmed and Ashfaq Ahmed, had submitted in the application that they were residents of a multi-storey building situated in the Tariq Road area and they had lawful possession of flats in the building through registered sub-leases.
Their counsel Usman Farooq submitted that the subject property was in the commercialised zone and its construction was permissible up to the 5th floor under the prevailing SBCA’s regulations.
He submitted that a petitioner had filed a plea with the court by misrepresenting the facts and obtained directions for the SBCA without impleading the owners of the flats as necessary parties in the case.
He said that the impugned order of the case was obtained without hearing the relevant parties and it adversely affects the vested rights of the applicants, who were not impleaded in the case nor issued any notice.
He said that unilateral conduct of the petitioner and official respondent was amount to abuse the process and a clear violation of the Article 10-A of the Constitution that guaranteed fair trial and due process.
The counsel said the entire exercise of the petitioner was to harass lawful residents and occupants of the building for ulterior motives.
He said the SBCA in utter disregard of the law and direction of the court did not hear the applicants and relevant necessary parties, and initiated coercive action by detaching utility service meters causing grave hardship to the petitioners. The high court was requested to take cognisance of the matter.
