SHC orders demolition of illegal construction in FB Area

The Sindh High Court has directed the Sindh Building Control Authority (SBCA) to demolish an unauthorized construction in Block-14 of FB Area and submit a compliance report.

The direction came on a petition with regard to an unauthorized construction. The petitioner submitted that a private builder had constructed ground plus three floors in violation of the approved building plan by the SBCA.

The SBCA’s deputy director submitted in the compliance report that the owner of one plot No. 771 had got approved ground plus two floors, but during an inspection it was found that the owner had constructed ground plus three floors with a certain violation of the approved building plan on 120 square yards, which was unit/portion type construction and lacked compulsory open space.

He said that ejectment notices have been issued to the occupants to vacate the premises and letters have been written to the utility providers to disconnect the connections as these connections have been installed without having any approved building plan and in violation of the Sindh building control ordinance.

The deputy director sought time to remove the unauthorized construction and requested the court to direct the law enforcement agencies to cooperate with the SBCA officials while taking the demolition action so that orders of the court may be complied with in letter and spirit.

The counsel for the SBCA undertook that all the offending constructions would be demolished within 15 days and a report would be submitted on the next date of the hearing.

The court directed the SBCA to demolish the unauthorized construction and submit the report on the next date of the hearing.

It is pertinent to mention that the SHC had taken strong exception to the performance of the SBCA and observed that there was complete breakdown in the administration of the SBCA and its issues were required to be addressed.

Taking exception to lack of action by the SBCA officials against unauthorized constructions in Nazimabad, Liaquatabad and Azizabad areas, the court had ordered demolition of all such unauthorized constructions without any delay.

The court warned that if the unauthorized constructions were not demolished, then director general of the SBCA would be personally responsible for such non-compliance. It also directed the SBCA DG to appear in person and explain as why the internal procedures of the SBCA thwarted the proper regulation of constructions in the province.

The court directed the SBCA head to explain why officers of the authority who are at the very least negligent in the performance of their duties and at worst complicit with the person who undertook the illegal construction are continuing to work.

It further asked why the SBCA DG should not be held primarily responsible for the actions and omissions of all officers of the authority.