Demolishing illegal buildings: Supreme Court gives one month to SBCA for submitting plan

Demolishing illegal buildings: Supreme Court gives one month to SBCA for submitting plan

Karachi: The Supreme Court of Pakistan (SCP) issued a significant directive on Tuesday, ordering the Sindh Building Control Authority (SBCA) to submit a comprehensive plan within one month for the demolition of illegally constructed buildings within the city.

The directive, given during a hearing presided over by a division bench comprising Justice Gulzar Ahmed and Justice Sajjad Ali Shah, aims to address the long-standing issue of unauthorized commercial activities on residential and amenities plots.

The SCP’s directive emphasizes the need for accountability and rectification of the situation, including the compensation of individuals who have been occupying these illegal structures. The court observed that significant wrongdoing had occurred within the city due to the unlawful authorization of commercial activities on plots originally designated for residential and amenities purposes.

The directive from the SCP is explicit, stating that there will be an immediate and complete ban on the Master Plan Department of the SBCA and any other relevant authorities within the City Government or Government of Sindh, which prevents any changes in land use. This ban explicitly extends to the conversion of residential houses and amenity plots for commercial purposes, such as marriage halls, markets, shopping malls, apartments, marquees, petrol pumps, and CNG stations.

The bench also specified that no government authority should approve any conversion of land use, including those with pending applications. Furthermore, the SCP ordered the restoration of Karachi city as per the original Master Plan, emphasizing the importance of adhering to the city’s intended development framework.

In its comprehensive directive, the apex court also instructed the SBCA to conduct a thorough review of all constructions that have been illegally erected within the city. This review must be completed within one month to facilitate the systematic dismantling of unauthorized structures.

The SCP’s directive came as part of the ongoing case of Jam Sadiq Ali Park, where various unauthorized constructions, including marriage halls, markets, shopping centers, apartments, petrol pumps, and CNG stations, had been established. Despite previous court orders to remove and demolish these illegal constructions, authorities had failed to comply with the directives.

The court observed that beyond Jam Sadiq Ali Park, numerous amenity plots intended for parks, playgrounds, and other amenity uses, as outlined in the original Master Plan of the city, have been wrongly converted for commercial purposes. The court further ordered the Director General of the SBCA to take prompt and effective measures to rectify this situation, including the removal of all illegal and unlawful constructions on residential and amenity plots.

The SCP’s ruling noted an alarming trend in the city, with an increasing number of illegal conversions of residential areas into marriage halls, shopping malls, and petrol pumps/CNG stations. The court’s directive aims to curb this practice and ensure the preservation of Karachi’s original urban plan.

The case has been adjourned to January 24, 2019, and the court’s directive signifies a significant step towards restoring order and adherence to the city’s Master Plan while holding accountable those responsible for unauthorized developments.