A division bench of High Court of Sindh (SHC) comprising Justice Sarmad Jalal Osmany and Justice Zia Pervaiz on Friday, through an ad-interim order allowed sale of old buildings, open plots and bungalows without NOC from KBCA.
The bench also directed the KBCA to issue NOC to applicants within a week time. However, the bench ordered that petitions be fixed before the same bench, which earlier heard them for final disposal.
The bench was hearing two constitution petitions, one filed by Mohammad Nasir, a real estate agent, who challenged the mandatory requirement of obtaining NOC from the KBCA for selling any property in the limits of Karachi city district.
Earlier, Shahid Jamiluddin, counsel for the respondent KBCA, filed comments in the petition. He submitted that section 6, sub section 2 provides that no structure can be raised without obtaining an NOC from KBCA and section 12, sub section 1, bars builder from advertisement for sale of flats etc unless approval is given by the KBCA in writing.
Similarly, another provision of KBCA laws prohibit occupation of a residential or commercial unit by any person unless the KBCA issues occupancy certificate, the counsel for KBCA argued.
The bench also heard Additional Advocate General Sindh Abbas Ali and counsel for the petitioners. The bench later passed the ad-interim order holding that no NOC is required in case of plots, bungalows or building which already have been registered.