SHC seeks comments on plea about framing of SBCO rules

The Sindh High Court (SHC) on Thursday directed the additional secretary of the local government department to submit a compliance report about the framing of the Sindh Building Control Ordinance’s (SBCO) rules, and legislation on the master plan department.

The direction came on a petition against the non-framing of the SBCO’s rules, and the conversion of residential land for commercial purposes.

An SHC division bench headed by Justice Salahuddin Panhwar asked the law officer about the compliance report with regard to the May 9 order.

The law officer sought time to file comments about the rules and compliance with the court order.

The law officer said he had not received the pertaining amendments to the SBCO’s rules. The petitioner said that the proposed rules submitted by the department were not within the spirit of Section 21 of the SBCO, 1979, particularly regarding the amendment to the SBCO’s rules for specifically working on special courts and procedure.

The court directed the law officer and the LG additional secretary to file comments with regard to the framing of the rules and legislation on town planning.

The Sindh Master Plan Authority’s counsel had earlier informed the court that the master plan department was in the process of formulating laws.

The provincial law officer said the assembly was willing to pass legislation on the issue, and it was expected to be done after completing all the codal formalities within the stipulated time.

The court said that the rules, if any, cannot exist against the parent law in violation of the principles and provisions laid down in the SBCO, and that the department would also examine the inconformity of those rules in the Act.

The court ordered that officials would also deliberate on the issue and place proposals before the law department in view of the guidelines provided by the SHC and the Supreme Court as well as the laws existing in other provinces, if any.

Petitioner Tariq Mansoor Advocate said that rules as regards building, planning, construction, demolition and disposal had not been framed for the SBCO despite a lapse of 42 years.

He requested that the SHC direct the government to frame the building, planning, construction, control, demolition and disposal rules.

He also requested that the SHC declare the town planning regulations with regard to the change of land use and commercialisation as unlawful and in contravention of the parent Act.