SHC order builder to bear cost for repairing 2 bungalows,developed fissures due to construction work

HYDERABAD: The Sindh High Court Thursday ordered a builder to bear the cost of repair of 2 bungalows which developed fissures due to construction work at the bordering ground plus 11 commercial building in Qasimabad taluka.

According to details, Hyderabad Circuit Bench comprising justice Nadeem Akhtar and justice Arshad Hussain Khan here ordered the M/S Shams Builders and Developers to implement the order on urgent basis.

On the basis of mutual consensus of the petitioners Manzoor Ali Khan and Saeed Ahmed Waga and the respondent builder, the court assigned the work of assessing the damage caused to the 2 bungalows in Data Nagar Housing scheme to the Structural Engineer Fareed Shaikh.

The court directed Shaikh to complete the assessment work within one week after which the builder would start the repair work in the 2 houses within 7 days.

During the hearing the petitioners' counsel advocate Irfan Qureshi argued that Sindh Building Control Authority (SBCA) had unlawfully approved 11 floors of the building.

He contended that the builder and SBCA had shown a 130 feet wide road whereas the actual size of the road was around 60 feet.

"There are 2 sides of the road divided by the green belt. One side of it along which the Shams Icon is being built is only around 60 feet wide," he added.

The SBCA's Regional Director Naveed Asim apprised the court that the 11-storey commercial building consisted of 3 floors of parking and 8 floors for residential purpose.

Arbab Muhammad Deen Memon, who represented the builder, assured the SHC that they would bear the full cost of repair.

The service charges to the structural engineer would also be paid by the builder.

The matter was adjourned to April 13.