The Sindh High Court (SHC) on Thursday ordered the forming of special courts under the Sindh Building Control Authority’s (SBCA) laws. The court took notice of the non-implementation of the Sindh Building Control (Amendment) Act, 2013, with regard to the establishment of special courts to deal with buildings issues. An SHC division bench headed by Justice Salahuddin Panhwar said that Section 18-A of the Act provides for the establishment of special courts, which was not complied with. The court said that under the law the provincial government has to establish special courts and a complete mechanism has been provided for the purpose. The court also said the government is bound to establish special courts in towns all over the province. The bench asked the provincial law officer about the functioning of special courts. The officer replied that the selection of presiding officers has not been done yet. The bench said the building control ordinance was promulgated in 1979, and such provision was included in 2013, but despite the passage of 10 years, the law has not been complied with.
Taking judicial notice over the non-compliance of the law, the court directed the law department to notify the special courts provided under the building control law in the areas falling within the limits of municipal corporations by establishing independent courts or by notifying regular courts with the consultation of the SHC chief justice as provided under the Act.
The court ordered that special courts be established within a month, saying that in case of failure, the law secretary should be in attendance. The bench said that non-compliance with thecourt’s order would be considered a pejorative act on the part of the authorities concerned.
In another matter regarding the non-constitution of the SBCA, the court directed the SBCA director general to submit the complete mechanism of appointment of the authority mentioning whether such appointments are based on the prometric system or through third-party testing agencies, as adopted by the Sindh government, and also the guidelines to conduct the exams.
The bench asked the provincial law officer about the implementation of Section 4B of the building control ordinance regarding the constitution of the Authority and committee. The officer said the Authority notifies committee and inducts officers up to grade 17 in view of the Rules, whereby candidates are required to take written test and viva voce.
The court also directed the SBCA DG to submit complete details of recruitment within the last six years, including the details of tests conducted by that committee, along with publications and mandate of that committee.
Regarding the appointment of the building control’s committee for the supervision of the Authority, the bench directed the local government secretary to submit the notification, if any, under Section 4B. The court directed the focal person of the LG secretary to appear in person to assist the court on February 28.
