Sindh High Court asks NAB to conduct inquiry against SBCA

I Court orders DC to continue anti-encroachment drive and submit completion report in 30 days

HYDERABAD   -  The Sindh High Court (SHC) has ordered the National Accountability Bureau (NAB) to conduct a thorough inquiry of alleged irregularities and corruption done by the officials of the Sindh Building Control Authority (SBCA) and Hyderabad Municipal Corporation (HMC).

The Hyderabad circuit bench comprising Justice Nadeem Akhtar and Justice Arshad Hussain Khan, in its order issued on Friday, held the Sindh government’s organisations responsible for unplanned expansion of the urban jungle which has left the city’s infrastructure crumbled.

“To investigate, inter alia, illegal grant of public properties by HMC to private parties for installing power generators; for allowing encroachment on its properties meant for use, benefit and enjoyment of general public; for allowing change of land use from residential to commercial,” reads the order.

The NAB has been directed to proceed with all the present and former officials of HMC and Sindh local government department in case they were found involved in any corruption or corrupt practice.

“The illegalities couldn’t have been committed by the owners and the builders without support and connivance of the SBCA’s officials who have certainly used their authority for their personal gain,” observed the court, issuing similar order to the NAB to probe all the sitting and former officials of SBCA. 

The court questioned SBCA Regional Director Naveed Asim to answer why the SHC’s December 24, 2019 order, which had given 15 days to the authority to decide all pending cases of unauthorised constructions had not been implemented. The bench also declared a notification of Sindh secretary local government, dated April 12, 2014, as void ab-initio. The notification had allowed the HMC to collect tax against allowing public properties including roads and footpaths for installation of the power generators.

During the hearing on Thursday Justice Akhtar had warned HMC’s Municipal Commissioner Muhammad Ali Shaikh that he would be sent to jail if all the generators on the public places were not removed within 15 days. He was asked to disclose the amount of fee charged against each generator and the total revenue collection against the said head.

However, he avoided disclosing the figures correctly after which the bench said the corporation’s accounts would also come under the NAB’s probe.

The SHC ordered the Deputy Commissioner (DC) Fuad Ghaffar Soomro to continue the anti-encroachment drive and submit the completion report in 30 days. The SBCA and HMC as well as the Hyderabad police were directed to fully assist the DC in the campaign.

The court also directed the DC to write a letter to Works and Services department for submission of a proposal to the Sindh Planning and Development department for improvement and expansion of roads in Hyderabad.

“After submission of the above proposal, Sindh government shall ensure that the matter is dealt with and decided in accordance with law and the requisite funds are released expeditiously on most urgent basis keeping in view the SHC’s March 2 order,” the order said.

The bench directed Sindh secretary finance, who was present at the hearing, to submit the compliance report in that regard within 30 days. During the hearing, the DC Hyderabad said an estimated Rs1.77 billion were required for expansion and improvement of roads especially of the land which had been recovered during the anti-encroachment campaign which started from February 1. On the matter of realigning electricity poles which were wrongly installed in the centre of the roads, Hyderabad Electric Supply Company (HESCO) was given time till March 17 to submit the estimated cost of the exercise.

During the hearing, HESCO CEO Muhammad Yaqoob maintained that the company was confronted with financial loss and that they could not provide funds for the realignment. He proposed that the Sindh government should pay the cost but the Sindh secretary finance refused instantly saying that HESCO’s transmission system was not provincial government’s responsibility. The hearing was adjourned to March 17 with HESCO’s CEO, RD SBCA, MC HMC, DC and SSP Hyderabad put on notice.

 

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