MUHAMMAD vs KARACHI BUILDING CONTROL AUTHORITY and others
This matter concerns a petition for leave to appeal against a Sindh High Court order directing the demolition of an unauthorized building. The petitioner alleged that the Karachi Building Control Authority (KBCA) acted with mala fide intent and malice by issuing show-cause notices to the petitioner regarding the demolition of the fourth floor of the building, rather than executing the demolition as previously ordered by the High Court. The petitioner contended that these actions were retaliatory due to the petitioner's involvement in prior litigation. The KBCA maintained that the fourth floor was constructed unlawfully without an approved building plan and that its actions were procedural and non-discriminatory. The Supreme Court held that no objection can be raised against a government agency performing its duties in accordance with the law. Consequently, the Court refused leave to appeal, affirming that the KBCA must proceed strictly in accordance with applicable rules and regulations when dealing with the petitioner and others similarly situated, ensuring that all enforcement actions are conducted lawfully and without discrimination.
- Can a government agency be restrained from issuing show-cause notices for demolition if the construction is allegedly illegal?
- Does the issuance of show-cause notices by a building control authority constitute mala fide action if a prior court order directed demolition?
- Is a government agency required to act strictly in accordance with rules and regulations when executing demolition orders?
' SARMAD JALAL OSMANY, J.--- Mr. Ghulam Qadir Jatoi, learned Advocate-on-Record for the petitioner submits that in the impugned order passed in C.P.L.A. No,D-1277 of 2006 by the learned Sindh High Court on 19-3-2008, it was directed that the unauthorized and illegal building should be demolished by the Karachi Building Control Authority (K.B.C.A.) and all concerned departments as well as Town Police Officer, Lyari Town, were further directed to provide necessary assistance, so that there should be no hindrance towards demolishing of the building in question. According to Mr. Jatoi, learned Advocate-on-Record, now instead of complying with the orders of the learned Division Bench, the K.B.C.A. Has started sending notices to the petitioner as to why the alleged illegal construction, in which he lives, should not be demolished in accordance with the rules and regulations. Hence, learned Advocate on Record submits that in fact the K.B.C.A. Has treated the petitioner malafidely and maliciously for having filed C.P.L.A. D-1277 of 2006.
2. In reply, Mr. Shahid Jameel, Legal Advisor, appearing for K.B.C.A. Says that the 4th floor of the building in question has been constructed unlawfully without any approved building plan etc. And hence the K.B.C.A. Has issued notices to the occupants of the 4th floor to show cause, why the same should not be demolished. According to him, there is no question of any discrimination and no one is being treated unlawfully.
3. We have heard both the learned counsel. In our opinion, no one can object if a particular Government Agency is doing any action in accordance with law. Hence, while refusing leave to appeal, we direct the K.B.C.A. To act strictly in accordance with rules and regulations while dealing with the petitioner and others, who stand on the same footing.