The Sindh High Court observed that there is a complete breakdown in the administration of the Sindh Building Control Authority (SBCA), saying its internal issues are required to be addressed.Taking exception to lack of action by SBCA officials against unauthorized constructions in Nazimabad, Liaquatabad and Azizabad areas, a division bench headed by Justice Yosuf Ali Sayeed ordered the demolition of all such constructions without any delay.
The court warned that if the illegal constructions were not demolished, then the director general of the SBCA would be personally held responsible for non-compliance. It also directed the SBCA director general to appear in person and explain why the internal procedures of the authority thwarted the proper regulation of constructions in the province.
The high court also directed him to explain why officers of the authority who are at the very least negligent in the performance of their duties and at worst complicit with the person who undertakes an illegal construction are continuing to work in the SBCA.The court observed why the DG should not be held primarily responsible for the actions and omissions of all officers of the authority.
It also expressed dissatisfaction with the progress report submitted by the SBCA director of Central District and observed that there was no explanation how the structure had been raised at a plot in the absence of an approved plan.It further observed that there was no explanation about the time frame required for the demolition of the construction in question and why the utility connections in respect of the building had not been disconnected.
The court said that SBCA officials failed to explain in their report why in the presence of a police station dedicated to the SBCA required further support from other officials for enforcement of functions of the authority.The counsel for the SBCA submitted that supervision of the area had now become difficult due to frequent transfers of officials. To a query who was the officer when the illegal construction was allowed to be made, the counsel submitted that a committee had been constituted to inquire into the matter and the findings would be placed before the court.
The high court observed that it seems the SBCA is trying to deflect and delay the orders passed by the courts to attribute liability to its officers as no such notification was placed before court with regard to constitution of the committee and such action on the part of the SBCA was mere eyewash to delay the proceedings.
The court was informed that SBCA DG Mohammad Yaseen Shar Baloch, holding additional charge of the Malir Development Authority, was on ex-Pakistan leave for six days to visit Dubai from June 20.
The court directed the SBCA to demolish the illegal construction before the next date of the hearing and observed that if compliance with the order was not made, then the SBCA director general would be personally held responsible.The court ordered that the committee constituted for examining negligence of SBCA officials who allowed the unauthorized construction submit its report, indicating the names of each of the officers who was involved in granting permission for such unlawful constructions.
