JI challenges SBCA amendments in building regulations in SHC

KARACHI: The Sindh High Court on Thursday clubbed petitions of Jamaat Islami and Pasban challenging amendments to the Karachi Building and Town Planning Regulations 2002 with a previous petition under hearing of the court.

A two-judge bench, headed by acting Chief Justice Muhammad Junaid Ghaffar, issued notices to the parties for April 22.

Jamaat Islami’s lawyer argued before the court that a residential plot could not be used for commercial activities. “There is a procedure to convert the residential plot into commercial,” JI lawyer argued.

“It required an NOC from the Master Plan, KDA and other concerned departments as well as meeting necessary preconditions,” the lawyer said.

“After the amendment in regulations, only the Sindh Building Control Authority’s (SBCA) NOC required to convert the residential plot into commercial,” JI lawyer said.

He said the amendments in rules have bypassed the entire procedure of the land use.

Pasban’s lawyer argued that the SBCA goes beyond its mandate by amending the building regulations.

In an earlier petition from citizens challenging the amendment in building regulations, they pleaded to declare the impugned amendment ultra vires to the Sindh Building Control Ordinance, 1979 (SBCO) and other relevant laws as well as without lawful authority and of no legal effect.

The lawyer argued that the SBCA had abruptly and without any lawful authority amended the definition of various regulations of KBTPR by substituting the meaning of ‘amenity plot’, ‘commercial’ and ‘residential uses’.

He argued that such an amendment was against the very definition of “residential uses” and would practically lead to conversion of a residential property into a commercial one without fulfilment of any requirements for change of land use as provided in the 2002 rules.