SHC asks SBCA chief if action taken against relevant officials

The Sindh High Court has directed the director general of the Sindh Building Control Authority (SBCA) to submit a compliance report with regard to action taken against the authority’s relevant officials of District South in whose presence an illegal construction was made in violation of the approved plan of a building.

Issuing an order on a petition of residents of the multistory project situated on Preedy area against the demolition of a compulsory open space structure, a division bench comprising Justice Zafar Ahmed Rajput and Justice Mohammad Faisal Kamal Alam observed that compulsory open space of the building on the rear and right side shall be restored.

The court pointed out in the order that the remaining part of the mezzanine be removed. It observed that the builder of the project shall make arrangements for the shifting of the affected buyers of the project within two weeks at his cost, including the shifting charges and rent for such accommodation, and hand over the vacant possession of the building to the SBCA for carrying out the demolition of the structure at the compulsory open space.

The high court observed that in case the building failed to make arrangements for the shifting of the allotted occupants they shall vacate the premises within one week themselves and make the shifting at the cost of the builder.

It observed that the SBCA shall carry out requisite work forthwith after receiving the possession of the building within one month and restore the building in a good habitable condition for the allottees/occupants.

The court ordered that after restoring the COS as per the approved plan and ending other illegalities of the building, the SBCA shall issue a completion occupancy certificate in favour of the building after completing all codal formalities, including regularising permissible deviation of the approved plan as per building regulations.

It further ordered that the cost to be incurred on removing/altering the building works by the SBCA shall deemed to be a levied tax on the builder under the Sindh Building Control Ordinance and to be recovered accordingly.

The court directed the SBCA DG to submit a compliance report telling the court what action had been taken against the authority’s relevant officials of District South in whose presence the illegal construction was made in violation of the approved plan of the building by December 1.

On a previous hearing, the court had directed the SBCA to submit details about the removal of the illegal structure of the building which was not regularizable without affecting the main structure of the building.

The official had submitted that seven to eight flats were affected due to the demolition process as these flats were constructed at the compulsory open space. The court had directed the private builder to submit a proposal for compensating the affected buyers of the flats who may face dispossession from their property for carrying out the demolition of the unauthorised construction.