Judicial body tells govt to review policy of converting industrial plots into commercial ones

A Supreme Court-mandated judicial commission on Friday directed the Sindh government to review its policy with regard to the conversion of industrial plots for commercial purposes by the Sindh Industrial Trading Estate (SITE).

The commission, headed by Justice (retd) Amir Hani Muslim, observed that the policy had been framed by the government to regulate the issue of industrial plots which were converted by the SITE without examining whether the board was competent to grant permission of this nature.

It observed that such an issue was taken up on a complaint of the mayor of Hyderabad, who said that huge shopping plazas were being constructed and made operational on industrial plots.

The commission said constructions of such nature without providing civic facilities had multiplied the agonies of the inhabitants of the vicinity; besides, the clean drinking water and sewerage systems had totally collapsed.

It further observed that the role of the Sindh Building Control Authority, which had granted approval, was also beyond comprehension and there was no such institutional mechanism within the Sindh government to address the issue.

It added that the policy of the provincial government with regard to the conversion of industrial plots into commercial plots needed to be reviewed as the policy had given discretion to the SITE without examining whether its board was competent to grant permission of such a nature.

The commission observed that the issue of the conversion of industrial plots into commercial ones needed to be examined in depth. Earlier, the provincial law officer submitted the policy with regard to the conversion of the industrial plots into commercial plots.

According to the policy, all those industrial plots which have been converted into commercial ones and where no construction activity has yet started, the SITE would immediately initiate the process of the cancellation of their conversion and refund the conversion fee.

While on those industrial plots which have been converted and construction is under way, the SITE will charge as additional lump sum amount which will be utilised for carrying out development and maintenance work on the water and sewerage networks.

The policy states that the SITE will restrain from converting industrial plots into commercial in future except for allowing essential trade, ancillary to industrial development to be operated on industrial plots. It states that all commercial businesses being carried out on converted industrial plots will be charged an annual rent at commercial rates.

The policy states that tariff being charged from the commercial plots as well as industrial plots will be reviewed by the government or board as may be decided and will be implemented in all estates and the amount so generated will be utilised to cover the deficit of SITE and carrying out development work/maintenance on the water and sewerage networks.

The commission observed that it is expected that the Sindh government will review and address all issues in the policy and the parties which have reservations over the policy may approach the appropriate forum for redressal in accordance with the law. It also took exception to the non-compliance with the commission directives by the secretary works and non-completion of the projects within the stipulated time.

The commission said the delay on the part of the works department had made the life of the public miserable in the province. It observed that the people of the province were denied the immediate health care though the machinery and the equipment were available but they were not being installed for want of proper structure of the buildings which were transferred to the works department three to four months back. It warned the secretary works that the matter would be sent to the Supreme Court if the directives of the commission were not complied with in letter and spirit.