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Court orders removal of illegal banquet hall from heritage property

By Our Staff Correspondent 2016-12-09
HYDERABAD: The Hyderabad circuit of the Sindh High Court on Thursday ordered Hyderabad divisional commissioner to remove any construction, including a banquet hall erected on the premises of the Dialdas Club, over the violation of May 20, 2011 notification which declared the club building as heritage property.

A division bench comprising Justices Salahuddin Panhwar and Mohammad Iqbal Mahar passed the order over a petition filed by members of the club through Advocate Noor Ahmed Memon.

The bench observed that reasons for the order would be recorded later on and said all marriage activities were illegal and againstbylaws of the club. Since the club was a heritage property under the Sindh Cultural Heritage (Preservation) Act, 1994, as per notification of Sindh culture department, the club management `shall ensure that it is only used for specific purposes as provided under objects of Dialdas Club` Hearing applications of interveners in the case, the court said that since they had complained that their children`s marriages were to be held in the club in December and January and they would suffer greatly because they had no alternate place for holding marriage functions, this order being passed on Dec 8 would become operative after March 31.

The court was informed by counsel for Dialdas club Nasir Shah that wedding ceremonies were held till March 2017.The court directed the commissioner to ensure that all the places declared as heritage property were protected according to the spirit of the relevant law and said the club administration would not be competent to book the premises for any marriage ceremony or any other commercial activities.

He admitted that weddings were being held in the club for 40 to 45 years to meet expenses, salaries of employees and utilities bills. The administration did not get the May 2011 notification under which the club had been declared as heritage property, he said.

He tried to convince the court that no alteration had been made in the original building and only iron shades fitted with nuts and bolts had been used to erect the banquet hall but the judge replied that the club`s rules and bylaws made no mention of permissionfor holding marriages or commercial events.

The bylaws allowed only recreation, social, cultural and healthy activities, he said.

The counsel for the petitioners said that there was no mention of a marriage hall or marriages in the club`s objects. Commercial events could not be allowed even in open spaces, he said.

On Monday, the Sindh Building Control Authority (SBCA) had sealed the banquet hall on the premises of the Dialdas Club over the owner`s failure to get its plan approved.

A notice issued dated Dec 5 for violation of section 6(1), 79A) read with section 221-A(3) of the Sindh Building Ordinance, 1979, has been affixed to the doors of the club`s auditorium.

The club offers a number of facilities to its members like a billiard table, a canteen and a lawn.