SBCA, KMC told to take action against commercial use of residential land

The Sindh High Court on Friday directed the Karachi Metropolitan Corporation (KMC), Sindh Building Control Authority (SBCA) and Lines Area Re-Development Project (LARP) director to ensure that no commercial activities were being carried out on residential plots in the city.

The direction came on a petition of Agha Syed Attaullah seeking implementation of court orders against the use of residential plots for commercial purposes in Gulshan-e-Zahoor.

The petitioner submitted that the residential plots nos. R-76 to R-86 and R-66 of Gulshan-e-Zahoor Sector 8-A were being used for commercial purposes with the connivance of respondents. He submitted that the unlawful use of the aforesaid residential plots for commercial purposes had spoiled the residential scheme and created public nuisance, unlawful obstruction and physical discomfort in the locality.

The petitioner requested the court to direct the authorities concerned to hold those accountable who were responsible for allowing unlawful commercial activities on the residential plots. He prayed to court to direct the respondents to proceed according to the law and forfeit the lease of such residential plots.

He submitted that the SHC had on November 20, 2012 ordered the SBCA, KMC and LARP to ensure that no commercial activity was allowed in respect of the subject properties and also in respect of other properties within their jurisdiction including that of the petitioner without any discrimination at all. The petitioner further submitted that the court had also ordered that in case anyone indulged in the misuse of property, appropriate action in accordance with the law be initiated against such person. He maintained that despite a lapse of six years, the court orders had not been complied with in letter and spirit.

An SHC division bench, headed by Justice Irfan Saadat Khan, observed that removal of illegal constructions was the duty of the SBCA and inquired the authority’s counsel why the court order had not been implemented yet.

Taking exception to the non-compliance of the court directives, the SHC directed the SBCA, KMC and LARP to take joint action against the commercial use of land meant for residential properties in the city and submit a report within two weeks. The court also observed that assistance of police and law enforcement agencies can be acquired for the implementation of the court directives.