SHC seeks comments on building’s construction on amenity plot

The Sindh High Court (SHC) has ordered that status quo be maintained on the construction of the multi-storey building on Rashid Minhas Road near Askari-IV until further instructions.

The interim order came on a petition of Ashiq Hussain Chaudhry and others who had challenged the construction of the multi-storey building on an amenity plot of Askari-IV.

The petitioners submitted that they were the residents of Askari-IV, and that they were aggrieved over the decision of the cantonment authorities for the granting of permission for the construction of the multi-storey building on the amenity plot.

The petitioners’ counsel submitted that according to the layout plan of Askari-IV that was issued by the military estate officer, the mosque was shown in the layout plan and in the adjoining ground there was space that was being used as a parking lot for the mosque.

The counsel submitted that the private respondents were planning to raise a multi-storey commercial building on the space surrounding the mosque that was being used for amenity purposes.

He submitted that the Supreme Court of Pakistan had already held in its judgment that once the master plan was notified and was accepted by the purchaser of the plot and the board accepted the offer of the purchaser and allotted the plot, thereafter the cantonment board was left with no authority to bring any change in the master plan designed for the housing scheme unilaterally because a binding contract came into existence in such eventuality. He submitted that the Supreme Court had also ordered in respect of the construction of buildings in Karachi that the builders would only be allowed booking up to six commercial or residential floors, as allowed by the court, and no more.

The counsel sought a restraining order with regard to the construction of the multi-storey building on the amenity plot. The SHC issued notices to the cantonment board, the federal law officer, the private builder and others, telling them to file their comments on August 30. The court, in the meantime, directed all the parties to maintain status quo on the subject of the building’s construction.

In a similar case, the court directed the Sindh Building Control Authority (SBCA) and other civic bodies to take action against an illegal construction being raised in the Burns Road locality.

The direction came on a petition of Sheikh Mohammad Aslam who had challenged the illegal construction in the area. The petitioner submitted that the private builder, despite a sealing order issued by the SBCA, was trying to construct a hotel for commercial purposes without any legal basis or authorisation. He submitted that he had lodged complaints with different authorities over the illegal construction, but to date no action had been taken to stop the illegal construction.

The SHC issued notices to the SBCA, the Karachi Development Authority and others to file their comments on September 4. The court also directed that in the meantime, the SBCA and other civic bodies are to take appropriate legal action against the private builders and respondents who are raising the illegal construction contrary to the approved building plan and the Karachi Buildings and Town Planning Regulations 2002.

The SHC also directed the SBCA to take concrete steps to restrain the private builders and other persons from raising the illegal construction on the plot and submit a comprehensive compliance report to the court in the next hearing.

The SHC directed the relevant SSP to provide the requisite police cover to the officials of the SBCA at the time of taking action to stop the illegal construction as and when required.