Order Sheet

THE HIGH COURT OF SINDH CIRCUIT COURT HYDERABAD

Constitutional Petition No. D – 1040 of 2013

Date	Order with signature of Judge

1. For hearing of CMA No.2264/2014 :

2. For hearing of main case :

24.12.2019 :

Syed Hamad Ali Shah, advocate for the petitioner.

Mr. Zaheeruddin Sahito, advocate for SBCA a/w Abdul Waqar Memon, Regional Director SBCA.

Mr. Irfan Bughio, advocate for HDA.

Mr. Allah Bachayo Soomro, Addl. AAG.

------------

1. Deferred for the time being.

2. Explanation dated 24.12.2019 has been filed by learned counsel for the petitioner in pursuance of order dated 18.12.2019 which is accepted in view of the reason stated therein.

On the last date of hearing, Abdul Waqar Memon, Regional Director SBCA Hyderabad, undertook to constitute a high power committee to conduct an inquiry for not taking action against the impugned construction since the year 2010, and to fix responsibility against delinquent personnel of SBCA. He undertakes to submit the inquiry report before this Court on the next date of hearing.

In compliance of order dated 18.12.2019, the above named Regional Director SBCA present in Court has submitted compliance report dated 24.12.2019 along with list of cases / lands wherein applications / proposed plans are pending before SBCA and the dates of their submission. According to the said list 1,577 applications are pending approval / disposal in respect of lands / construction situated in Taluka Latifabad (630), Taluka Qasimabad (256), Taluka Rural (80), Taluka City (569) and Public Sale Projects (42) ; and, said applications were received by SBCA during the period 2010 to 2019. In some of the cases mentioned in the said list, the applications are pending only because of non-compliance of objections by the applicants or non-submission of the requisite fee or documents by them. The above position, which is indeed alarming, shows that SBCA has failed in discharging its statutory duties and functions, and due to such failure on its part not only the applicants are suffering, but the practice of raising illegal construction without waiting for the SBCA’s approval has become common resulting into multiple complications and litigation. No valid or justifiable explanation has been given by the Regional Director for not deciding the said applications within a reasonable time and for not taking action against the illegal construction due to non-compliance.

In view of the above, SBCA, particularly the competent authority thereof, is directed to decide all pending applications / cases for proposed plans / completion plans / regularization and/or for any other purpose, including such applications / cases which are pending because of non-compliance of objections by the applicants or non-submission of the requisite fee or documents by them, without fail latest by 29.02.2020 strictly in accordance with the relevant rules, regulations and law ; and, to decide applications for any of the above purposes received by SBCA after passing of this order in the same manner within thirty (30) days. Compliance reports in the above terms shall be submitted by SBCA to this Court without fail on 15.01.2020, 30.01.2020, 15.02.2020 and 29.02.2020. It is clarified that the Regional Director SBCA Hyderabad shall be held personally responsible in case of non-compliance of any of the directions contained in this order.

To come up on 21.01.2020 at 11:00 am.

JUDGE