The Sindh High Court has declared that notification of the director general of the Sindh Building Control Authority (SCBA) to act as an authority for the entire province was issued in flagrant violation and derogation of Section 4 of the Sindh Building Control Ordinance and directed the provincial government to issue a notification for the constitution of authority under the Sindh building laws.The direction in a matter regarding the non-constitution of SBC Authority and oversee committee under Section 4 and 4-B of the SBC Ordinance 1979.
A division bench headed by Justice Salahuddin Panhwar had directed the director general of the SBCA to submit a complete mechanism with regard to appointment of authority under Section 4 of the SBC Ordinance.The SBCA DG filed a statement along with certain documents including a notification issued on July 10, 2013 whereby the DG was notified to act as an authority for the entire province.
The court observed that prima facie the notification was issued in flagrant violation and derogation of Section 4 of the SBC Ordinance 1979. It said that under Section 4 of the SBCO and in view of the explicit intention of the legislature, the DG cannot be appointed to act as a “body corporate”, council, department, functionary or an organization in his individual capacity.The court observed that there shall be an authority whereas in the earlier notification the KDA was appointed to act as authority as well as District Council under the system of Nazim added as authority.
The court directed the government to issue a notification for constitution of authority of the SBCA within the scope of Section 4 of the Ordinance 1979 with the consultation of the law department within a period of one month.
