SC directs authorities to take action against officials responsible for issuing construction permits for Nasla Tower building

KARACHI, Dec 27 (SABAH): The Supreme Court of Pakistan on Monday directed authorities to take action against the officials responsible for issuing the construction permits for the illegal 15-storeyed Nasla Tower building.

Hearing the Nasla Tower case at Supreme Court Karachi Registry, a two-member bench headed by Chief Justice of Pakistan Justice Gulzar Ahmed and comprising Justice Qazi Muhammad Amin Ahmed ordered the anti-corruption department to register a case against those involved in approving the building plan. The court directed police to register a separate case against the officials.

The DIG Karachi West has been directed to take immediate action against the officials who had approved the Nasla Tower building plan and present a report to the Supreme Court.

The apex court has also ordered to seize the 780 square yards of the land Nasla Tower was constructed upon and directed the Sindh High Court’s (SHC) official assignee to take possession of the land and stop its sale.

Expressing his annoyance over the slow pace of the demolition process, the chief justice asked, “Such a building is torn down within one hour in the world. What are you people doing?”

During the hearing Attorney General for Pakistan Barrister Khalid Jawed Khan informed the court that steps had not been taken yet to provide compensation to the affectees of Nasla Tower and requested the Supreme Court to ensure the same.

Subsequently, the court ordered the seizure of 780 square yards of the land Nasla Tower was constructed upon and directed the Sindh High Court’s (SHC) official assignee to stop its sale.

At the outset of the hearing, Commissioner Iqbal Memon informed the court that five of the building’s floors had been demolished and 400 labourers were working on the task. “Four hundred people can not manage to demolish a single building?” questioned the chief justice.

The commissioner responded that the building’s internal structure had been demolised and only the exterior could be seen.

The chief justice then questioned the commissioner about mentioning that the Sindh Building Control Authority (SBCA) obstructed the demolition work in a report that he submitted to the apex court.

“We have stopped people in a civilised manner. Abad (Association of Builders and Developers of Pakistan) also protested [and] we dealt peacefully [with them],” the commissioner said.

“[Why] have you written [that] a Samaa TV reporter is interfering?” Justice Qazi Mohammad Amin asked. The commissioner reiterated that affairs were being dealt with in a peaceful manner and people were stopped from approaching the building by imposing Section 144.

“The problem is that non-state actors are activated due to the weakness of the state. The bottom line is that the building is still standing,” Justice Amin said.

“Such a building is torn down in one hour in the world. What are you people doing?” the chief justice asked. Justice Amin said that if anyone was interfering then it would amount to contempt of court.

“We did not obstruct. I challenge the report,” the SBCA director general said and read the report out loud on the court’s instruction.

The chief justice said he was giving the DG a contempt notice and told him to respond to it while Justice Amin remarked that no obstacle would be tolerated in the implementation of a court order.

“According to the report, the SBCA also demanded bribe from the contractor,” the chief justice noted.

The court directed the DG Anti-Corruption Establishment (ACE) to register a case against the DG SBCA and submit a report after conducting legal proceedings and investigation.

The city commissioner was also directed to use all government resources and complete Nasla Tower’s demolition within a week.

Meanwhile hearing an application against alleged commercial activities on premises of Askari Park, the Supreme Court of Pakistan has directed that the park be handed over to the KMC in two weeks.

In a hearing on November 25, the apex court had issued notices to the Karachi administrator, commander engineer, Corps-V, and others on an application against using the Askari Park near old Sabzi Mandi for commercial purposes.

On Monday, counsel for Corps-V Lieutenant Colonel Zubair said a 99-year agreement had been signed for use of the park. Justice Qazi Muhammad Amin Ahmed directed that the land be returned to its original owner.

“You are sacrificing your lives for the country [and] we value that. Return the land [to the original owner],” Justice Amin said.

“You were given the land so no one could occupy it,” the chief justice remarked, adding that the army had been entrusted with the protection of the entire country.

He further observed that 38 shops and a wedding hall had been constructed on the land.

Addressing the Corps-V counsel, the top judge said he was submitting a report that had previously been withdrawn by the defence secretary. “You have admitted yourself that a wedding hall is operational on the premises. Thirty-eight shops have been built despite your presence.”

The counsel responded that Corps-V did not have any relation to the shops and wedding hall.

Subsequently, the court directed that Askari Park be handed over to the KMC administrator within two weeks to be “used for the public”. It directed the municipal corporation to demolish the wedding hall and shops and install its own rides in the park.