SC bars commercial construction on residential plots without EPA NOC

Author: Staff Report

The Supreme Court (SC) has directed the Sindh Building Control Authority (SBCA) to stop issue of no objection certificates for construction of commercial buildings in the residential areas in Karachi without permission from the Environmental Protection Agency (EPA).

A two-judge bench comprising Justice Gulzar Ahmed and Justice Sajid Ali Shah heard the case regarding illegal construction of wedding halls, shopping malls and plazas in the residential areas. The apex court also barred the SBCA from allowing use of residential houses for commercial purposes.

The Karachi registry of the apex court ordered that city be restored to how it was 40 years ago and directed the authorities concerned to demolish all unlawful constructions. “In Karachi, no house will be demolished to be used for commercial purposes,” it ordered.

The bench sought details of wedding halls, shopping malls and plazas constructed in the city in the last 30 to 40 years and sought recommendations from the Sindh government regarding restoring city to how it was 40 years ago. The bench has also summoned the provincial chief secretary to appear before the court in personal capacity. “Do whatever, but implement court orders,” the bench directed. “If orders are not implemented, we will ask DG SBCA to pack up.”

Censuring SBCA DG Iftikhar Qaimkhani, Justice Ahmed questioned, “If you can’t work then why are you sitting on the post. Should we give this city to federal or Sindh government?” “If they cannot run the city, then Sindh government can take over,” Justice Ahmed remarked. “Does anyone feel ashamed after looking at condition of the city?. SBCA officials only care about making billions,” he added.

Turning to additional advocate general, Justice Ahmed said, “Finish system of local government.” He further told DG SBCA, “You and your officers are playing with fire. Have you ever seen lavish lives of your officers?”

Ordering that encroachments on Jam Sadiq Ali Park, Abdullah Gymkhana and KMC be immediately demolished, the Court also sought a report on details of SBCA’s financial matters from the accountant general. “The buildings which are not part of master plan should be demolished. No matter how many buildings there are, they should be demolished,” it ordered.

“Eight-storey buildings have been constructed on government quarters. Everyone was involved in making money and city was destroyed. Is this anybody’s father city that they may do as they please to?” the judge further remarked. “Who is permitting the construction of wedding halls and shopping centres in every street?” he asked. At this, DG SBCA said, “Work is being done and we will implement court orders.” Justice Ahmed responded, “You should at least say that you should quit. You are increasing your bank balance in accounts which are in Dubai and US.” The DG SBCA then said, “I apologise … court orders will be implemented.”

Expressing displeasure, the bench remarked, “We know that permission for wedding halls is still being granted. Wedding halls have been constructed everywhere, including Qayyumabad, North Nazimabad and Federal B Area,” it added.

Published in Daily Times, January 23rd 2019.

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