High-rise buildings case: construction should be within laws and rules: Justice Ramday

29 Apr, 2009

'The court fully supports the development in the country and construction of tall buildings, but that must be within the framework of law and the rules and lawlessness would not be tolerated at any cost.' The Supreme Court Judge, Justice Khalilur Rehman Ramday observed on Tuesday.
He was heading a full bench hearing on hundreds of identical petitions relating to illegally built and under-construction sky-rise buildings, plazas and other commercial sites in the city. The issue seized the attention three years ago after one Farooq Hamid, aggrieved at the construction of a plaza adjacent to his house in Gulberg, had moved a petition to this court.
The Bench has given two weeks time to Punjab government to come up with a concrete proposal to eliminate the practice of illegalities and perversion of law about the construction of commercial sites throughout Punjab.
Taking a very serious view of the illegal, substandard constructions without proper infrastructure, the court drew attention of the provincial authorities to establishment of an authority in Karachi to exclusively deal with the development of commercial sites to consider constitution on the same pattern.
'We also fear the unlawfully constructed tall buildings emerging as another co-operative scam after owners of the plazas would run away selling out unapproved storey and floors of the buildings to the poor citizens, who will obviously want that the government to legislate those.
The Chief Secretary Punjab, Javed Mahmood, Director General, Lahore Development Authority (LDA), Shahid Mahmood along with Principal Legal Adviser LDA, Salman Butt and others appeared before the court.
Justice Ramday asked the officers why disregard of the rules, buildings up to 400ft tall are being allowed without ensuring proper facilities and necessary safety steps and added that most of the buildings in the city have been erected out of personal whims, instead of acting on the law.
Further, Justice Ramday reminded the officers of the three-year old order of this Court to the LDA to appoint Structural Engineer, which has not been done so far. He also noted with anxiety that, Town Council is responsible for determining whether constructions are being erected as per law, but they don't have even overseers to monitor them what to say of other expertise. The Chief Secretary informed the Court that the government was very much serious and sincere to address the situation as well as to end the menace of lawlessness and some time is needed to work out an action plan in this regard.
Justice Ramday also appreciated what the CS said and added that the Court would provide all possible help, if asked for by the officers in this regard. He said it was a question of great public importance and the court cannot close its eye to it. The court, giving time to the Chief Secretary to frame the plan or policy, adjourned the proceedings till May 18 for further hearing.

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