SBCA, KDA put on notice on plea against unauthorised construction in Scheme 33

The Sindh High Court (SHC) on Friday issued notices to the Sindh Building Control Authority (SBCA), Karachi Development Authority (KDA) and others on an application against unauthorised construction on an amenity plot in Scheme 33 Gulzar-e-Hijri.

The petitioners, Adnan Sharif and others, submitted in the application that the high court had earlier ordered the district administration and others to ensure that no construction was allowed on the amenity plot in Scheme 33.

Their counsel Usman Farooq submitted that despite the court order, unauthorised construction was still being carried out. He submitted that the SBCA, KDA and other respondents were deliberately violating the court orders that directed them to ensure that no unauthorised construction was allowed on the subject amenity plot.

A division bench of the SHC headed by Justice Nadeem Akhtar after a preliminary hearing of the petition issued notices to the SBCA, KDA and others to file comments on the petition.

The petitioners had submitted that they were residents of Scheme 33 and they came to know that the private respondent, in defiance of the sanctity of urban planning regulations and the rights of the community, had initiated an illegal construction venture on a park area that was exclusively designated for the benefit of the local residents.

Their counsel said the petitioners had expressed their grievance against the encroachment and unauthorised construction being raised on an amenity plot situated in New Lyari Cooperative Housing Society by the private respondent.

The counsel said the plot was meant for amenity purpose as per the original layout plan of the area.

He said the petitioners had also approached the KDA and SBCA, intimating them about the encroachment on the amenity plot and violation of the Karachi Building and Town planning regulations; however, no action was taken by them.

SHC irked

The SHC also took exception to non-compliance of the court order in an unauthorised construction case and asked the SBCA’s counsel why the unauthorised construction was not demolished despite court directives.

Hearing a petition against the unauthorised construction in Quaid-e-Azam Colony in Gulshan-e-Iqbal, the high court asked the SBCA why the court order was not followed.

The high court observed that there had been a mushroom growth of unauthorised constructions in the city and the SBCA had failed to take action against them.

The SBCA’s counsel submitted that police and law enforcement agencies’ assistance was required to carry out demolition, and sought time to submit the compliance report.

The SHC directed the building control authority to take action against the unauthorised construction and submit a compliance report by December 12.