SC allows Karachi builders to construct buildings up to six floors

KARACHI: The Supreme Court on Sunday granted provisional permission to builders for construction of six floors in the city but restrained them from booking for more than six floors till further orders.

Hearing identical petitions filed against non-supply of water and environmental pollution in the city harbour and coastal areas being poisoned due to release of industrial waste and ban on construction of high rises till new sources of water are added to the existing system of water supply, the SC's three-member bench, headed by Chief Justice Mian Saqib Nisar, observed that construction business was interlinked with other industries and he does not want to close down the construction business.

The court observed that shortage of water was the problem of the city and the court had to examine whether public rights were affected due to permission of high rises or not. The court warned the builders if the court's permission with regard to construction of six floors was violated, then exemplary cost will be imposed on the owner of the building and they will have to return the money to buyers.

The court also appointed retired judge of Supreme Court Justice Amir Hani Muslim as head of judicial commission for provision of clean drinking water, sanitation and healthy environment to the people of the province. The court, however, observed that the commission shall have all powers as a Supreme Court judge except contempt of court proceedings and transfer and posting of government officers. The court observed that effluents were being discharged in the water bodies but the government did not complete the sewerage plants projects. The chief justice observed that he himself volunteered his three months salary if provincial government has lack of funds to complete such projects.

The Chief Justice observed that the water tankers business should come to an end inquiring managing director Karachi Water and Sewerage Board as why water was not being supplied to the people through pipelines. The court expressed concern over the performance of the Sindh government observing why the government had failed to supply water to its citizens.

Justice Sajjad Ali Shah observed that poor people could not afford to purchase water through tankers and inquired MD KWSB why water was not being supplied through pipelines. The Chief Justice observed that people running the hydrant business have become billionaires by selling water through water tankers and such a practice should be come to an end.

The Chief Justice directed MD KWSB to ensure supply of water to citizens otherwise leave the office if he could not perform duties. The Chief Justice observed that this was the first time in the history of Supreme Court that they were working on Sunday, keeping in view the importance of public interest case.  

On submission of senior lawyer Abdul Mujeeb Pirzada that powerful mafias were operating in the province, the Chief Justice observed that every person was saying that influential persons were behind the water tankers business but nobody disclosed who those powerful persons were and which mafia was behind such business.

City Mayor Waseem Akhtar, who appeared on court's notice, said that Karachi was the world's biggest metropolitan city but the water board, solid waste management board, transport department, master plan departments were taken away from the city district government. He said that many areas of the city were not being provided water for three months and problems of the city could not be resolved until land owning agencies and departments were administered by a single authority. He said that sewerage drains were encroached and petrol pumps were established in different areas of the city. He admitted that people of Karachi were not satisfied with the performance of the government but assured complete assistance to the court irrespective of any political role.

The Chief Justice observed that the city mayor could not be absolved of his responsibilities as he and his party remained in power for a long time. The court observed that the mayor Karachi would be nominated as member of team to assist the judicial commission so that problems of supply of pure water and sewerage system in the city could be resolved.

The Chief Justice observed that the court wanted to streamline the functions of water supply and sewerage and will not pass such order that creates difficulties in the process of administration.

The court observed that industrial and municipal effluent were being discharged in the open sea, which also polluted our coastal areas and not only the marine life but the shipping industry was also affected.

Builder's counsel Munir A Malik and Abid Zuberi submitted that the ban was imposed by the Sindh Building Control Authority on construction of multistoried buildings in the city due to the recommendation of the judicial commission though there was no shortage of water but there was a problem of distribution of water. They said that due to imposition of ban on high rises, they were suffering financial losses and requested the court to allow permission for construction subject to imposing regulations on the construction. They said that the builders association was willing to provide financial assistance if the government initiated any project for desalination of sea water project.

Private builders and developers filed an application for review of the Supreme Court’s March 16 order and judicial commission's observation that called for complete ban on high rise buildings in the city till water shortage is overcome and new resources of water are in place. Petitioner's counsel Shahab Usto opposed the request of the builders submitting that embargo should be placed for one more year so that problems of water shortage could be resolved.

The court was informed by senior counsel S.M Iqbal that builders were doing high rise construction in Clifton area. The court asked him to submit an application along with evidence so that the court could take appropriate action against the builders. The Chief Justice also thanked the lawyers and the media for supporting the noble cause by sacrificing their holiday and work for the betterment of the public at large.

Separately, the Supreme Court on Sunday directed the Nazir of the Sindh High Court to seize all prohibitory injections used to increase milk production from retailers and wholesalers and asked the police and FIA to assist the court Nazir in such an exercise. Hearing a suo motu case regarding deficiencies in production, processing and packing of different brands of packed milk in Sindh, the SC’s three member bench, headed by Chief Justice Mian Saqib Nisar, directed the Nazir to continue the exercise from sealing the prohibitory injections from wholesalers and retailers with the assistance of police and FIA.

The SHC Nazir submitted a report mentioning that 39 packets of prohibitory injections were recovered during a raid at the Shaheed medical store while no stock was found from other medical stores, including ICI and Ghazi company. The court directed the secretary health to ensure that the exercise for sealing the prohibitory injections be completed with assistance of drug inspectors and FIA and submit the compliance report within two weeks.

The court had earlier observed that injections given to cows and buffaloes lead to diseases like cancer in girls and adults consuming the milk. On quality standard of packed milk being sold in Sindh, the court appointed a commissioner to carry out laboratory test for packed milk brands, tea whiteners in the city and directed the commissioner to submit a report within 15 days. The court observed that a similar exercise was carried out in Punjab and now people were getting relief from such exercise. The court observed that philanthropists were also sending packed milk samples to scientific laboratories abroad and the court was also examining these reports.

The court also directed inspection of two milk processing factories in Karachi and directed the commissioner to submit a detailed report about the milk processing and quality of milk after conducting laboratory tests of samples.

The Chief Justice observed that tea whiteners were not a substitute of milk and it is fraud if brand of tea whiteners do not inscribe on the packaging that their produce was not a substitute for milk. The court directed the commissioner to take samples of packed brands and submit a report after conducting their quality tests from laboratory within two weeks.