KARACHI: The Sindh High Court on Monday took exception to the mushroom growth of illegal and unauthorised construction in the city and observed that such activities had undoubtedly destroyed the infrastructure of the metropolis and ordered action against officials and builders concerned.

The SHC also directed all utility service providers not to allow any connection to newly-constructed buildings unless the approved completion plan was produced.

A two-judge bench comprising Justice Nadeem Akhtar and Justice Mohammad Abdur Rahman also asked the district registrar Karachi to ensure that sale/lease/sub-lease deed in respect of new premises must not be registered till the approval of completion plan.

It further ordered the regional director National Database and Registration Authority (Nadra) to block the national computerised identity cards of two senior officials of Sindh Building Control Authority (SBCA) for not complying with court orders about demolition of an illegal structure.

Utilities told to not give connections to buildings without completion plan

The bench also issued a show-cause notice to the director general SBCA for wilful and persistent disobedience of court orders since 2018 and directed him to turn up on next hearing along with the compliance report.

The SHC issued such directives in its order, issued on Monday, in a petition filed in 2018 against an illegal construction of ground-plus-seven-storey building in a Lyari locality.

The bench in its order said that in March 2018, the SHC had ordered the SBCA to take appropriate action against the impugned illegal construction located in Agra Taj Colony and since then, the court had been directing the officials concerned almost on every hearing to demolish the structure and file compliance report after they submitted that the building was constructed illegally.

It also recalled that in May 2018, the nazir of the SHC in his report said that the construction in question was raised without any approved building plan.

However, it deplored that the compliance had not been made despite repeated directions and on Dec 7, SBCA had filed a report through its deputy director South which reflected that on action whatsoever has been taken for demolition of illegal construction.

The bench directed the DG SBCA to place on record the names of all those directors and deputy directors in whose tenure the illegal construction was raised and lodge FIRs against such officials as well as builders and produce the same before the court on Dec 21.

“Also issue show cause notice to him [DG] to show cause why action should not be taken against him for deliberate, willful and persistent disobedience of this court’s orders since 20.03.2018”, it added.

The court also jointly ordered the DG, director and deputy director concerned of SBCA to ensure that the entire illegal construction was removed and file compliance report at next hearing.

It further asked the deputy commissioner and senior superintendent of police concerned to provide proper support to SBCA in order to avoid any law and order situation during demolition exercise and also ordered all utility providers firms to immediately disconnect supply to the building in question.

Moreover, the SHC ordered the regional director Nadra to block CNICs of director SBCA south Ashfaq Hussain and deputy director Imtiaz-ul-Haq Shaikh till the compliance of court orders was made in letter and spirit.

It may be noted that as per Section 18-G of Sindh Building Control Ordinance, 1997, no authority shall provide utility services to any premises as well as not to register any sale/lease/sub-lease deed in respect of newly-constructed premises till the approved completion plan.

“Needless to say, the above mandatory requirement was made by the lawmakers with a specific intention to prevent illegal construction which has undoubtedly destroyed the infrastructure of the city and is one of the major causes of shortage of utility facilities for the citizens who are legally entitled to enjoy the same. Such violation by the utility agencies/companies is indeed against the spirit of this requirement made mandatory by the special law viz. SBCO 1979”, it added.

The bench directed the K-Electric, Sui Southern Gas Company Limited and Karachi Water & Sewerage Corporation to make strict fulfilment of such provision of law and directed the heads of such utilities for compliance of court order in letter and spirit.

It also issued notice to the district registrar and advocate general Sindh with direction to ensure that no sale/lease/sub-lease deed in respect of newly constructed remises was registered by any sub-registrar unless the deed was accompanied by approval completion plan.

Published in Dawn, December 12th, 2023