Daily Times

KARACHI: Sindh High Court (SHC) has directed Sindh Building Control Authority (SBCA), Sindh Chief Secretary and Karachi Development Authority (KDA) to appear before court on September, 14, 2018 following a petition submitted by KDA union regarding the status of Master Plan, Design Bureau and Urban Planning departments of KDA.

This SHC notice was served on them after a petition submitted by KDA Labour Union in which it was prayed that retention of Master Plan, Design Bureau and Urban Planning departments was now the task of KDA.

In the petition, Labour Union has informed the court that following the passage of an act in Sindh Assembly in July 2016 regarding KDA, the entity was declared solely responsible for carrying out the functions of these three departments just like it was back in 2002 before the Sindh Development Authorities Laws Ordinance was passed (and later repealed).

It is pertinent to mention here that SBCA has been controlling the three KDA departments under the SBCA Amendment Act 2014 under which the departments were merged into SBCA.

The petitioner appealed to SHC to declare that, on promulgation of KDA Act 2016, Master Plan as well as Design Bureau and Urban Planning departments were no longer part of SBCA.

Petition claimed that as a result of promulgation of KDA Act 2016, SBCA Act 2014 and regulations-18-5 of Karachi building and town planning regulations of 2002 and SLG Act of 2013, no longer held any legal value and stood repealed.

The petitioner requested the court to grant a permanent injunction restraining SBCA and Sindh government from intervening, on grounds of SBCA Amendment Act 2014, SLG Act 2013 or regulations-18-5 of Karachi Building Town Planning Regulations of 2002, in functions which pertained to KDA after the the passage of 2016 Act.

Talking to Daily Times, KDA Labour Union Joint Secretary, Muhammad Rashid and labor union member Khuda Buksh said that SBCA was illegally retaining control on the three KDA departments and it needed to be stopped. “Sindh government should openly declare the facts and announce that KDA is the only entity which can legally carry out the business of these three departments,” said Muhammad Rashid.

On the other hand, SBCA senior director Farhan Qaiserm claimed that the merger of these three departments was done under the law. “We cannot rectify this issue, only the Sindh government can amend Act 2014,” he added.

Published in Daily Times, September 8^th 2018.