Thursday October 06, 2022

SHC restrains SBCA from taking adverse action against building project in Clifton

August 09, 2022

The Sindh High Court has restrained the Sindh Building Control Authority from taking any adverse action against private builders in connection with a multi-storey building project in the Clifton area.

The interim order came during a hearing of a lawsuit filed by private builders and developers against unlawful interference by the SBCA. They submitted that they purchased a 4,219-square-yard plot through a registered conveyance deed in KDA Scheme 5, Clifton, and the plot was mutuated in their names in November 2015.

They submitted that they approached the SBCA for approval of the building, and the construction permit was issued by the SBCA for the construction of the high-rise.

They said an environmental impact assessment was approved by the deputy director of the Sindh Environmental Protection Agency; besides, the SBCA also issued an NOC for sale and advertisement in respect of theresidential building to be constructed on the subject plot.

They submitted that despite the issuance of NOC, the SBCA deputy director South issued an order for sealing the project without the issuance of any prior notice to them on June 30. They submitted that the property was de-sealed on a direction from the director general of the SBCA on July 14.

The plaintiffs’ counsel submitted that officials of the SBCA were again visiting the subject project and were advancing threats of taking adverse action against the building. The counsel requested the court to restrain the SBCA from taking any adverse action against the property and construction in violation of the law.

A single bench headed by Justice Syed Hasan Azhar Rizvi, after the preliminary hearing of the lawsuit, issued notices to the SBCA and in the meantime restrained the SBCA from taking any adverse action against the plaintiffs in respect of the subject property without adopting due course of the law.