Lawless approvals put lives at risk

The Sindh High Court (SHC) recently raised a fundamental question about the legality of the actions taken by the Sindh Building Control Authority (SBCA), wondering how it can lawfully approve building plans or regulate construction when the mandatory rules under the Sindh Building Control Ordinance (SBCO), 1979, have never been framed.

Rightly taking serious exception to the decades-long delay, the constitutional bench observed that the SBCA appears to have been approving building plans without any lawful framework, despite the ordinance expressly requiring such rules under Section 21.

In February 2022, the Supreme Court had categorically directed that 32 civic and regulatory institutions, including the Karachi Development Authority (KDA), SBCA and Master Planning Authority, be placed under the administrative control of the elected mayor, in line with Articles 32 and 140-A of the Constitution. Years later, these institutions remain centralised under the Sindh government.

Instead of empowering local government, the provincial administration has further centralised key services, including fire and rescue operations, under the emergency rescue service 1122.

The consequences of the decision were tragically visible at Gul Plaza recently, where firefighters were found active, but without essential equipment, such as dry chemical powder. Instead, water was used against a mixed blaze involving electrical and combustible materials.

Court observations have been scathing. In PLD 2022 Supreme Court 439 (para 46), the bench had noted that neither the advocate general nor SBCA officials could justify how buildings were approved for decades without any proper building planning, control or demolition rules.

The absence of these rules resulted in unplanned urban development, severe strain on infrastructure, traffic chaos, and grave threats to public safety.

These are the conditions that culminated in a disaster like the one that hit Gul Plaza. The tragedy has now become more than a just a fire incident; it is a test case for accountability, rule of law, and the future of urban governance in Karachi.

JAMSHAID AHMAD

KARACHI