Show-cause issued to private school, SBCA over commercial use of residential property
By Our Staff Reporter
2024-08-20
KARACHI: The Sindh High Court (SHC) on Monday issued show-cause notices to the management of a private school and the Sindh Building Control Authority (SBCA) for allegedly flouting its earlier order against operation of the school in a residential locality.
The single-judge bench of Justice Agha Faisal also put the advocate general Sindh on notice with direction to appear and assist initially with consideration of framing of charge and to act as prosecutor, if so required.
Various residents of PECHS Block 6 had filed a lawsuit last month against illegal conversion/ utilisation ofa residentialproperty as a school under the nomenclature of CEDAR.
The counsel for the plaintiffsargued that on Aug 10, the SHC passed an interim order directing the suspension of a license granted by the SBCA for operating of the school on the subject property as prima facie the license had been issued arbitrarily by ignoring provisions of the Karachi Building and Town Planning Regulations, 2002 and with further directions to the SBCA DG to ensure that until the final decision, the school in question should not commence its operations on the subject property.
The lawyer also asserted that notwithstanding the subsistence of the order, the alleged contemnors were running/permitting the use of the residential property for commercial / school purposes.
She referred to an order passed by a divisional bench of the SHC a few days ago in an intra-court appeal and further submitted that while the constituent of the order tosuspend the license of the school was suspended, but the directions to the defendants to ensure that until final decision of the suit, the school should not commence operation on the suit property, remained in the field.
The single-bench in its order said: `Issue show-cause notice to the alleged contemnors pursuant to section 17(2) of Contempt of Court Ordinance, 2003 as to why the proceedings of contempt of court shall not be proceeded with there against. Adjourned to 27.08.2024; the alleged contemnors shall be present in person along with their replies; for consideration of framing of charge`.
It also issued notice to the advocate general of Sindh as per Contempt of Courts Ordinance 2003 to assist initially with consideration of framing of charge and to actas prosecutor,ifsorequired.
