SHC irked by SBCA’s failure to act against unauthorised constructions

The Sindh High Court (SHC) on Friday took exception to the performance of the Sindh Building Control Authority (SBCA) over an unauthorised construction in the Lyari area and directed the SBCA director general (DG) to submit a report detailing what action was taken against delinquent officers who had allowed such unauthorised constructions.

Hearing a petition against illegal constructions in Lyari, a division bench of the SHC headed by Justice Syed Hasan Azhar Rizvi observed that the entire city had been turned into a concrete jungle by the SBCA as no action was being taken against unauthorised constructions.

The petitioner, Hajra Bibi, had submitted that a private builder raised a multi-storey building in Lyari’s Khada Market area by encroaching upon the service road and amenity plot. The petitioner’s counsel submitted that the SBCA did not take action against the unauthorised construction despite several complaints.

The high court took notice over the SBCA’s failure to file a reply to the petition and observed that no official from the authority had appeared before the court for explaining the position. The SHC observed that SBCA officials were still clueless about unauthorised constructions being raised in the city. The bench directed the SBCA DG to file comments on action taken against delinquent officers over unauthorised constructions.

Notice to speaker

The SHC recently issued notices to the Sindh Assembly speaker, provincial advocate general and others on a petition against out-of-turn promotions and illegal appointments in the Sindh Assembly secretariat.

The petitioner, Qasim Saeed, had submitted in the plea that former Sindh Assembly secretary Hadi Bux Buriro had appointed his five sons, 10 to 20 nephews, and other co-relatives against various posts in the Sindh Assembly, which was a worst case of nepotism.

He submitted that former secretary’s son GM Umar Farooq Buriro was working presently as the Sindh Assembly secretary in grade 21, his brother Rashid Hussain Buriro as director general in grade 20, Arshad Hussain Buriro working as deputy secretary in grade 18, Abdul Majid Buriro as controller in grade 18 and Muzamil Rehman Buriro as estate officer in grade 18 at the provincial assembly.

He said that it was a unique case of the father handing over charge to his own son as the Sindh Assembly secretary who had the length of service of only six years. The petitioner’s counsel submitted that the appointment of the provincial assembly’s secretary was illegal as it was done without completing codal formalities.

The counsel submitted that the present secretary was appointed as an assistant research officer in grade 16 by his father and he was promoted out of turn to grade 19 in 2009. He submitted that other sons of the former secretary were also inducted on lower grade and then granted out-of-turn promotions on grade 17 and above posts by passing the rules.

The high court was requested to issue writ of quo warranto and declare as under what authority the respondents were working on higher posts on the basis of out-of-turn promotions. The petitioner also requested the high court to declare that the initial appointment and subsequent appointments and promotions of the respondents on senior posts were illegal and void ab initio as per dictum laid down by the superior courts.

He also requested to direct the government to recover all salaries and perks given to respondents. SHC’s division bench comprising Justice Naimatullah Phulpoto and Justice Adnanul Karim Memon after preliminary hearing of the petition issued notices to the advocate general SIndh, speaker provincial assembly and others and called their comments on May 11.