ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD

C.P. No. D- 871 of 2012

C.P. No. D- 1019 of 2012

DATE                                     ORDER WITH SIGNATURE OF JUDGE

30.04.2015

Mr. Ayaz Hussain Tunio advocate for petitioner in C.P. No. D- 871 of 2012 and for respondent No.1 and 2 in C.P. No. D- 1019 of 2012

Mr. Amir Ali Memon advocate for petitioner in C.P. No. D- 1019 of 2012 and for respondent Nos. 6 and 7 in C.P. No. D- 871 of 2012

Sher Shamsuddin Sehto advocate for Building Control Department

Mr. Mukhtiar Ahmed Khanzada State Counsel

Mr. Muhammad Ashraf Khan, Deputy Director, Sindh Building Control Authority, Hyderabad and Maqbool Ahmed Assistant Director Sindh Building Control Authority are present

            The petitioner in C.P. No. D- 871 of 2012 has prayed that directions be issued to respondent No.3 to regularize and approve the building plan of C.S. No. 438/1-1 Block-8, Memon Plaza Ward-A, Hyderabad as per prevailing policy of Sindh Building Control Department for regularization of existing construction. While the petitioner in C.P. No. D- 1019 of 2012 has challenged that respondent Nos. 1 to 3 have raised illegal construction in the building Memon Plaza and prayed that the official respondents be directed to demolish the plaza.

            Mr. Muhammad Ashraf Khan, Deputy Director,Sindh Building Control Authority states that Raees Ahmed Shaikh submitted revised building plan in the amnesty scheme and the matter is pending and if he will comply with all the requisiteformalities, the revised building plan will be approved in accordance with law, while the counsel for respondent Nos. 6 and 7 who is also representing thepetitioner in C.P. No. D- 1019 of 2012 argued that against the illegal construction activity various applications have been moved to the Sindh Building Control Authority but they failed to consider the applications.

            The construction can only be raised in accordance with the approved building plan and the by-laws / Building Regulations therefore, it is for the SBCA to look into and decide the matter first where decision on revised building plan is pending with objections. By consent both the petitions are disposed of as under:-

            The revised building plan will be approved in accordance with law and the applications moved by Abdul Qudoos in which he has raised the objection regarding the illegal construction shall be considered by the respondent No.3 and his objections will be decided first before approving the revised building plan. The Deputy Director (respondent No.3) shall issue notice to the Raees Ahmed and the objector Shaikh Abdul Qudoosand Muhammad Saleem so that they may appear before respondent No.3 and the question of revised building plan may be taken and objection may be decided according to law. This matter shall be decided by the Deputy Director within a period of one month. All interlocutory applications are disposed of. If any illegal construction is found and not allowable under the building regulations/bye-laws, the respondent Nos. 3 to 5 shall take action accordingly.

            Office is directed to place copy of this order in connected C.P. No. D- 1019 of 2012.

                                                                                                                        JUDGE

                                                                                    JUDGE

*Karar/-