SHC stays construction of residential project on MA Jinnah Road

KARACHI: The Sindh High Court on Monday appointed nazir of the court as commissioner to inspect certain purported irregularities in the construction of apartment building Prince Icon on main M A Jinnah Road.

Adan and some other residents of a neighboring building have filed a constitutional petition submitting that Prince Icon was being built on plot bearing survey No. 90 Deport Lines in violation of approved building plan.

The petitioners stated that the builders Suresh Kumar and Mahesh Kumar had not left compulsory open space (COS) from west, north and east sides and had also converted 20 feet space of street into 10 feet.

The petitioners on Monday filed an application for appointing a commissioner for inspection of the building to ascertain the real facts.

A two-judge bench headed by Justice Zafar Ahmed Rajput while allowing the application observed, “Since the petitioner seeks only inspection of the subject property to ascertain the present position at the site, there is no impediment in allowing this application.”

The bench appointed Nazir of the court commissioner to inspect the property and issued notice to all respondents in this respect. The bench directed the commissioner to submit his report within seven days along with photographs.

The counsel for the petitioner contended that the petitioners were residents of “Falak Arcade” constructed over commercial plot bearing survey No. 90/1, measuring 2358 square yards, situated in Depot Lines, Karachi.

He further contended that the respondents Suresh Kumar and Mahesh Kumar were raising illegal and unlawful construction on plot survey No. 90 in violation of bylaw No. 14 of Cantonment Board Karachi, which provided that “there shall be left a minimum open space of 3 meters on all sides of the building within the boundary of the plot”. He argued that the builders had also encroached upon open area of the arcade by raising pillars on the wall of the arcade. He also contends that on September 20, 2021 petitioner Adnan made a complaint to the Chief Executive Officer, Cantonment Board Karachi against such illegal construction; however, till date no action had been taken by him.

The bench issued notice to the respondents as well as deputy attorney general for December 16 and directed Chief Engineer of Cantonment Board Karachi to appear in person in the court along with comprehensive report with regard to the alleged illegal construction over the property and action, if any, taken by him in case the same had been raised in violation of bylaws of Cantonment Board.

The bench also restrained builders from raising construction in violation of approved building plan and bylaws of Cantonment Board.