SHC orders coordination in submitting reports on unsafe buildings

The Sindh High Court (SHC) on Thursday directed the heritage department and others to submit reports on old and dangerous buildings in Karachi. The direction came on the Abandoned Properties Organisation’s (APO) application seeking the vacating of the stay order regarding an old building in Arambagh.

The applicant said that all the residents of Hasan Manzil had been served with notices to vacate their respective premises as they were declared dangerous for habitation, but the notices were not complied with in view of the court order.

Their counsel said that the balance of convenience does not lie with the petitioner, and that it squarely lies in favour of public safety and the enforcement of lawful vacation notices. An SHC division bench headed by Justice Mohammad Faisal Kamal Alam said the application had been filed on the assumption that the stay order is operating in respect of the building in question that is old and dangerous, and a thorough inquiry is to be done in terms of the Karachi Building & Town Regulations.

The court said that no restraining order is in field, and dismissed the APO’s application for an urgent hearing of the petition. The bench ordered that the authorities can coordinate for submitting a compliance report on old and dangerous buildings in the city.

In another matter, the SHC directed the Sindh Building Control Authority (SBCA) to submit a report on the vacating of a multi-storey building in Saddar that had been declared dangerous. During the hearing of the petition against the ejectment of occupants of the Saddar building, the division bench headed by Justice Alam asked the SBCA official why the process of residents’ eviction had not been completed despite the process having been initiated in 2020.

The SBCA’s counsel said that the technical committee had recommended vacating the building. He said if the property is declared dangerous, there is no need of an NOC from the heritage department.

The petitioners’ counsel said the building is not dangerous and can be repaired. The court directed the SBCA to submit a report on the vacating of the building and the procedure for declaring the building dangerous in the next hearing.