SHC restrains private builder from raising illegal construction in Scheme 33 housing society

The Sindh High Court (SHC) has restrained a private builder from raising any illegal construction in the Capital Cooperative Housing Society in violation of the approved building plan issued by the Cantonment Board Malir till further orders.

The interim order came on a petition of Ahmed Anjum and others against an unauthorised construction in the housing society in Scheme 33.

A counsel for the petitioners, Syed Haider Imam Rizvi, submitted that the private builder was raising illegal and unauthorised construction of portions on the subject plot in violation of the approved building plan issued by the cantonment board. He said that the private builder was raising construction on the second floor of the building contrary to the approved building plan.

The lawyer submitted that the Capital Cooperative Housing Society was a well-planned residential society and construction of flats/portions on any residential plot in violation of the rules and regulations by occupying the compulsory open spaces was against the security, public welfare and environmental protection of the residents.

He argued that the petitioners and their family members residing adjacent to the subject plot and other residents of the society who had invested their hard earned savings to live a peaceful and quality life were worried about such illegal constructions and the same would also encourage other builders to construct portions on residential plots of the society.

He requested the high court to restrain the private builder from raising unauthorised construction on the subject plot.

A division bench of the SHC headed by Justice Syed Hasan Azhar Rizvi after hearing the arguments of the counsel issued notices to the Cantonment Board Malir and others and called their comments on September 19.

The high court also restrained the private builder from parting with possession of the subject property till the issuance of a completion certificate of the subject building by the cantonment board.

The bench directed the sub-registrar to register any document in respect of the subject property unless a completion certificate had been issued by the cantonment board.

The high court directed the cantonment board to take effective steps for the removal of illegal construction being raised by the private builder in violation of the approved building plan.

The SHC directed its Nazir to carry out an inspection of the subject property and submit a report on the next date of hearing. The bench also directed the relevant police to provide adequate force to the court official at the time of inspection in order to avoid any law and order situation.