SHC restrains SBCA from demolishing multi-storey building’s open space structure

The Sindh High Court on Thursday restrained the Sindh Building Control Authority (SBCA) from demolishing a structure in a compulsory open space of a multi-storey project situated at Preedy’s the Ratan Talao area in Karachi.

The interim order came during a hearing of a petition filed by the residents of the project against the demolition of the structure by the authority. The petitioners’ counsel submitted that their clients were sub-lessees of the different residential units in the project and purchased these flats through registered instruments.

He said the petitioners did not commit any illegality and they were bona fide purchasers. He argued that SBCA officials had not assisted the court properly and they were bent upon demolishing the structure of the property without any intimation notices.

The counsel sought a restraining injunction against the demolition and submitted that if a restraining order was not granted, the petitioners would suffer irreparable losses. A division bench, comprising Justice Zafar Ahmed Rajput and Justice Mohammad Faisal Kamal Alam, after hearing the contention of the counsel, observed that till the next hearing the SBCA officials woujld not demolish the structure.

The high court had earlier directed the director general of the SBCA to take action against the authority’s relevant officials of District South in whose presence the illegal construction was made in violation of the approved plan of the building.

The SBCA deputy director (South) had informed the court that the building was occupied without the completion and occupancy certificate. He had requested the court to direct the owner of the building to vacate the premises so that the unauthorised construction could be removed from the compulsory open space.

Appeal dismissed

The SHC dismissed the appeal of a convict and upheld his death sentence in the murder case of his wife. Appellant Rab Nawaz had been sentenced to death by the trial court for murdering his wife Shabana on August 14, 2016.

According to the prosecution, the appellant had killed his wife after harsh arguments in the Jackson police station’s limits. Nawaz’s counsel submitted that the conviction of his client may be reduced to life imprisonment as no motive was shown at the trial court for the appellant to kill his wife. The couple had four children.

The additional prosecutor general submitted that witnesses identified the appellant as the culprit and he should not be given any leniency for committing the pre-meditated and intentional murder of his wife.

A division bench, comprising Justice Mohammad Karim Khan Agha and Justice Omer Sial, after hearing the arguments of the counsel and perusal of the evidence, observed that motive for the murder as per the statement of a witness was a demand for divorce by the woman, upon which the appellant killed her.

The court observed that appellant could not be given any benefit on account that he had no thought or consideration for depriving his children of their mother. The court dismissed the appeal and upheld the death sentence.