Sindh Water Commission (SWC) on Monday took exception to use of industrial plots for commercial purposes, which according it burdened the civic infrastructure and directed provincial government to submit the report in this regard.
The judicial commission headed by former judge of Supreme Court Justice Amir Hani Muslim in its deliberations observed that raising commercial plazas on industrial plots is prima facie, against the terms and defeats the very purpose of creating industrial zones.
Commission granted time to Sindh Government to give its stance on use of industrial plots for commercial purposes after Shabbir Shah, Additional Advocate General Sindh sought time to submit a report with regard to the queries of the Secretary Industries Sindh stated that SITE is regulated by a board through Managing Director, who is the nominee of government. Shabir Shah told the commission that one percent of the entire area has to be allotted for commercial purposes under Building & Town Planning Regulations 2002.
According to him, this ratio would be applicable to the SITE throughout Sindh. He, however, did not have the data of the plots which the SITE has allotted for commercial purposes in terms of ratio.
Commission made it clear that object of raising this issue is not that the given ratio of commercial plots is erroneous, but the object is that once the SITE has allotted industrial plots to any person and on his failure to run the industry on profit basis, can he or SITE, on its own, change the land use from industrial to any other commercial activity.
Prima facie, this is not permissible for multifarious reasons as commercial permission by the SITE has burdened the civic agencies with water, sewerage and municipal disposals, for which there is no satisfactory mechanism within different SITEs which the commission has visited so far, Justice Hani stated.
Commission head also declared that the spirit of the commercial activity is being misinterpreted and ruled that any commercial activity, if at all, should have been limited to that particular industry only in the shape of a fair-price shop.
Commission noted that raising commercial plazas on industrial plots is prima facie, against the terms and defeats the very purpose of creating industrial zones and believed that it is the intervention of the commission that compelled the industrialists for installation of treatment plants within their industries along with septic tanks wherever necessary.
It also referred to entire industrial effluent being discharged openly in the open drains of SITE against the terms of the laws on which industrial plots have been allotted, which in turn is being discharged in the sea without any treatment, damaging the marine life and multiplying water born issues of Karachi.
It also has negatively impacted the export of fish besides the shipping industry has come to a standstill, commission held the view and also termed the situation very alarming. "The permissions of such nature would increase the multitude of problem if not checked at this point of time, commission stated.
Commission showed its dissatisfaction over actions taken by Sindh Building Control Authority (SBCA), who stated some of the officers have been transferred and some have been placed under suspension. "This is not substantial action in the eyes of law", commission ruled.
It directed DG SBCA to initiate departmental proceedings against all those officers who are, prima facie, found guilty in patronising violations of serious nature which are not compoundable. If after enquiry they are found guilty they will be proceeded against in terms of their service laws awarding of major/minor penalties depending on the gravity of the charge. Commission granted six weeks time to DG SBCA to complete the task by starting from the director onwards within the entire Sindh.