SHC restrains: SBCA from taking action against occupants of ‘dangerous’ building

The Sindh High Court (SHC) has restrained the Sindh Building Control Authority (SBCA) from taking coercive action against occupants of a residential building in North Nazimabad till further orders.

The interim order came on a lawsuit of Mohammad Ali and other registered owners and tenants of of a multi-storey building situated in North Nazimabad Block K against an ejection notice by the SBCA, which declared the building as a dangerous structure for inhabiting.

The plaintiffs’ counsel submitted that the SBCA did not comply with any procedure under the building regulations law prior to declare the building as dangerous and no right of hearing was provided to the plaintiffs.

He submitted that officials of the SBCA arrived at the building in their private vehicles and purposely created an alarming situation which gave way to chaos and confusion by stating that the building was about to collapse in a matter of days and everyone should immediately vacate it.

He informed the SHC that the SBCA issued the ejectment notice on September 25, last year but failed to give any explanation as to why they had declared that the building was to collapse within two days.

He submitted that the SBCA’s notice requiring the occupants to vacate the building, commonly known as Jaan Plaza, was unlawful and it was issued without complying with any building bylaws.

The lawyer added that under the section 14 of the Sindh Building Control Ordinance, an opportunity of hearing had to be provided, which in the instant case was not done by the SBCA.

The high court directed the SBCA to file counter affidavits on the lawsuit and in the meantime restrained the authority from taking any coercive action against the plaintiffs till further orders.