ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI.

CP No. D-2236 of 2006

Date Order with Signature of Judge
  1. For order on Nazir’s Report dated 09.10.2009.
  2. For order on Misc. No.6762/09 (stay).
  3. For hearing of Misc. No.671/09 (U/O VI Rule 17).
  4. For hearing of Misc. No.9783/08 (U/A 203).
  5. For hearing of Misc. No.3187/07 (U/A 199).
  6. For hearing of Misc. No.3188/07 (U/O XXVIII Rule 18).
  7. For Katcha Peshi.
  8. For hearing of Misc. No.8638/07, Stay.

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19.11.2009.

Mr. Mirza Sarfaraz Ahmed, Advocate for the petitioners.

Mr. Irfanullah, Advocate holding brief for Mr. Muhammad Ali Mazhar, Advocate for respondent No.2.

Mr. Badar Alam, Advocate for respondent No.3.

Mr. Haider Shaikh, Advocate for the KBCA.

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Vide order dated 01.09.2009, the inspection was directed to be carried out by the Nazir, which was not carried out for want of technical assistance. As per report of the KBCA dated 10.04.2008, after verification of payment of composition fee, final approval plan has been issued on 7.4.2008 for Basement Level-1 + Basement 2 and 3(Hollow) + Ground (Part) + First Floor (Part portion) only due to contour/hillock. According to the report there is no violation in the construction.

Mr. Mirza Sarfaraz Ahmed, learned counsel for the petitioners, disputes such construction is not in accordance with approved building plan as given by the KBCA, therefore, on 01.09.2009 Nazir was appointed to carry out the inspection alongwith DCB concerned. Nazir has reported that inspection could not be carried out on account of lack of technical assistance.

In view of the objection raised by the petitioner as to non-availability of the approved building plan, let such inspection be carried out by the Nazir associating Architect to be nominated by the Chairman Council of Architects and Town Planner, Suite No.111, E-1, RSM Square, Ist Floor, Shaheed-e-Millat Road, Karachi. Fee of the Architect to be paid by the petitioner directly, to be adjusted towards cost, if any. Inspection to be carried out preferably within a period of two weeks. KBCA is also directed to inspect the premises of the petitioner. In case there is any violation in the construction, action may be taken against the petitioner as well, strictly in accordance with law.

 

Judge

 

Judge