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Wednesday November 27, 2024

SHC grants status quo on construction of multi-storey building near Frere Hall

By Jamal Khurshid
March 03, 2023

The Sindh High Court has ordered status quo with regard to construction of a multi-storey building near the Frere Hall till the next hearing.

The interim order came on petitions filed by Hameed Haroon and others against approval of a revised building plan by the Sindh Building Control Authority (SBCA) for the construction of a multi-storey building on the Plot 6/1 in Civil Lines Quarters.

The petitioners’ counsel, Faisal Siddiqui, submitted that the SBCA had unilaterally allowed the proposed approval plan in violation of the law and high court directions in civil suits. He submitted that the petitioner had also filed a petition against encroachment of a 40-foot-wide road by the respondent. He submitted that the petitioner had not been provided a hearing opportunity and there had been no reference hearing or approval by the competent authority under the heritage and environmental laws.

The private builder’s counsel, Altamash Faisal, submitted that no violation had been made by the respondent with regard to the construction of the building and all codal formalities had been complied with.

He submitted that the Sindh Environmental Protection Agency had also granted permission for the construction and relevant authorities had also declared that the subject construction was beyond 200 feet from the Frere Hall, which was a heritage building. He submitted that the petition was filed against his client just for harassment.

A division bench of the high court headed by Justice Aqeel Ahmed Abbasi after the preliminary hearing of the petition issued notices to SBCA and other respondents for their comments.

The counsel of the parties submitted that since a short controversy relatable to construction on the subject plot was involved in other petitions so it would be appropriate that all the connected petitions be decided through a common order. The SHC adjourned the matter till March 15 and in the meantime directed the respondent to maintain status quo in respect of construction on the subject plot.