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The Supreme Court (SC) on Tuesday ordered to raze all illegal constructions in the metropolis and barred the Sindh Building Control Authority (SBCA) to issue NoCs for the commercial buildings unless these are approved by environment protection agency.
A two-judge bench comprising Justice Gulzar Ahmed and Justice Sajjad Ali Shah issued the direction while hearing a plea filed by the Evacuee Trust Property Board (ETPB) seeking canceling of pre-arrest bail to accused allegedly involved in unauthorized construction on an evacuee trust property in Lyari, an old town of the metropolis.
The hearing was conducted at SC's Karachi registry, wherein Director General Sindh Building Control Authority, Iftikhar Qaimkhani and others appeared in the court who were directed to appear with compliance report. During the hearing, Justice Gulzar lashed out at SBCA Director General, as he stated that the body had abandoned Karachi.
Apex court also sought the details of the marriage halls, shopping centers and plazas, constructed in last thirty to forty years. Bench ruled that its orders would be implemented at all cost; whether these should be implemented through administrative measures or other means.
Court also warned Director General Sindh Building Control Authority (SBCA) that he would be sent packing, if the court orders were not implemented in letter and spirit. While expressing its displeasure over the SBCA's negligence to control illegal constructions in the city, the court restrained the authority from issuing no-objection certificates (NoCs) for the construction of commercial buildings unless the projects are approved by the Environmental Protection Agency as well.
The bench directed the authority to demolish illegal constructions from Jam Sadiq Ali Park, Abdullah Gymkhana and other areas. The judges further directed relevant authorities to submit details of how they plan to raze unlawful constructions.
"If the local government was incapable of running the city, it should let the Sindh government to take over" Justice Gulzar Ahmed gave the remarks as the SBCA failed to satisfy the bench regarding complying of its prior order. The court also expressed its disappointment over failure of the authority to protect the trust's property in question in Lyari as well as in other parts of the city.
The bench directed for immediate action to demolish every structure that is in violation of the city's original master plan and restore Karachi to its 40-year-old state. The bench told the provincial government to share its recommendations for restoration of Karachi to its 40-year-old state.
The bench further ordered residential plots should not be used for commercial purposes and told authorities to submit details of shopping centres, wedding halls and plazas built on residential plots over the last 30 to 40 years. "Eight-storey buildings are being constructed on government plots," Justice Gulzar lamented, adding that the SBCA only cares about minting billions of rupees.
"Your clerk must be a millionaire if not a billionaire," Justice Gulzar said to SBCA's director general. Who is allowing the construction of wedding halls, shopping centres and plazas in every other street?" the judge asked. "Should we hand the city's control over to the federal government?"
Qaimkhani offered apology and assured the bench that the SBCA will obey the court's orders. Justice Gulzar, however, was not satisfied and said that by allowing the construction of wedding halls in the city, SBCA had "created a new culture" of holding functions in expensive halls.

Copyright Business Recorder, 2019

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