Illegal Commercialization of Karachi Residential Areas

Shehri-CBE(October 2008 www.shehri.org )

Shehri-CBE

Shehri-Citizens for a Better Environment

is a civil society group

involved in various issues related to the

protection and conservation of

natural and built environment

in Pakistan

Many Residential Areas Of Karachi Have Been Forcibly Encroached By Commercial

OrganizationsThe causes are:

• The residential zones are cheaper than commercial zones

• The infrastructure (electrify, water supply, sewerage) is better in many residential areas .

• The main problem is that of lax enforcement. The government officials / inspectors in charge of ensuring enforcing zoning / building codes are openly corrupt or indifferent. It is easy to compromise the concerned government officials.

The Final Option – Courts?

• The final choice of residents to stop commercial encroachments in residential areas is to go to law courts -however this is a time consuming and expensive process. The commercial enterprises that forcibility take over residential areas are wealthy and influential. They use the sharpest / unethical lawyers and have the financial resources to wear the original residents down by filing court case after court case. Many residents prefer to move out of the area after the commercial interests take over -hence speeding up the deterioration of the entire area

What Are The Consequences Of Illegal Commercialization?

• A residence may have 8 people living in a house. However a commercial enterprise taking over the same house may have 100 people.

• Parking Congestion & traffic problems. Most residences have 1 or 2 cars that can be accommodated in the house. However in a commercial enterprise 50 or 100 people need to park motorcycles / cars - which are parked on the roads or on the pavements

• There is tremendous strain & in many cases breakdown of the utilities (water, electricity, sewerage) because of increased occupants

• The residential residents face environmental degradation and lack of privacy.

A Case Study

• Tipu Sultan Road Is A Notified Residential Road – But Has Been Encroached By Powerful Commercial Enterprises.

• This is the effect that illegal commercialization has wreaked on a short area between Shahrah-e-Faisal and Shaheed-e-Millat Road

Illegal Commercialization of Residential Plots

Office of TV One .The entire pavement is fenced in / encroached for the office cars

A Wall Built UnlawfullyOn The Pavement By The Owner Of A

Commercial Building !

More Illegal Commercialization

Dunkin’ Donuts Habitt Store

More Illegal Commercialization

Shamsheer Security Bosch Pharmaceuticals

More illegal commercialization

Honda Power Products Qadri International

More illegal commercialization

Interflow Communications (Pvt) Ltd. Another view of Interflow Communications (Pvt) Ltd

Parking Woes – As these illegal offices do not have parking space the cars are parked on the roads

Parking Woes On The Side LanesOffice cars are parked in the side lanes causing problems for residents

Some residents living in the side lanes have put "rock barriers" in front of the houses out of desperation

This notice was published in "Dawn" newspaper by the Karachi Building Control Authority (KBCA ) “warning” against illegal commercialization of residential areas.

Shehri (a civil society group )has written to Karachi Building Control Authority (KBCA) and the other government officials about various zoning violations. In this case (Tipu Sultan Road) detailed information was sent along with photos. However as usual there was no acknowledgement forthcoming - let alone action.

A Court Case Against An Illegal Building.

• A Building was being constructed on 47 Modern Housing Society on Tipu Sultan Road. The owner of this building is a leading corporate lawyer Mr Zulfiqar Khan -- Managing Partner of Khursheed Khan & Associates.

• The neighbors were initially assured that this would be a residential house. However they got alarmed that the building would be used for commercial purposes and along with Shehri filed a case in the High Court of Sindh in 2007. Shehri hired Mr. M. Naim-ur-Rahman of M. Naim-ur-Rahman & Associates. Mr Zulfiqar Khan hired Mr RasheedRazvi of Rasheed Razvi & Associates (Mr Rasheed Razvi is the President of Sindh High Court Bar Association)

The Building Violations

A technical inspection by a licensed architect was ordered by the High Court of Sind. The technical report states (among other points):

• The Building plan was approved by KBCA vide letter No KBCA/DCR-II (Jamshed Town) prop /13/17 dated May 16, 2005 with the conditions inscribed on the Approved Building plan (1) That the premises shall be used for residential purpose only (2) As per undertaking dated March 9,2005 submitted by the owner that he shall carry our construction for residential purposes as per approved plan and not for commercial purposes (3) clause No. 3-2-10 of KBTR-2002 to be followed

The Building Violations (continued)

• The Basement was built under entire building, basement was allowed on 902 sft. Whereas the actual built up area is 2802 sft. which is more than 3 times of the area allowed in Approved Building Plan.

• Area of ground floor has been increased from 1786 allowed in Approved Building plan sft. To 3096 sft. Increasing by 73.35%

• Compulsory Open Spaces (COS) have been violated

The Building Violations (continued)

• The building was constructed without supervision of a licensed Architect in violation of the Karachi Building and Town Planning Regulation-2002, because license of Arch. Tehseen Ahmed who has signed this approved building plan remained cancelled for a long period. During this period no other Licensed Architect was engaged to supervise the building.

• Entire building is being constructed in violation of the approved plan right from the beginning.

• (Note: The KBCA Rules do provide for regularization of building violations but the violations in this building are so gross that they cannot be regularized under current rules)

The Judgments

• Based on the architect technical report, in 2007 Justice QaiserIqbal confirmed stay order - i.e. that no further construction could take place.

• Mr Zulfiqar Khan appealed. In January 2008 Justice MunibAhmed Khan and Justice Peer Ali Shah suspended the stay order on the plea that a lawyer could use part of his residence as an office. This allowed the building to be completed.

• However the technical report by the licensed architect (appointed by the Sindh High Court) stating that the whole building is constructed illegally against the approved plan has not been challenged and still stands valid!

Building In January 2008 (When The Stay Order Was Removed)

Building In September 2008 -Completed

In October 2008 – Commercial Office Building Is Ready With Plaque – “Intellectual Property

House” www. pakistanlaw.com

In October 2008 - Office Now In Use – The Cars Of This Office Are Parked On The Road

• The court case drags on. However the suspension of the stay order allowed the office building to be completed. This office building is still officially a “residence” in a notified residential area!

Daily Dawn newspaper October 8, 2008. The SindhHigh Court rules against Buildings made against

violations of rules & approved plans. Should there not be one law for all wrongdoers?

Is there a solution or are all residential areas of Karachi doomed to be encroached?

• The Karachi Building Control Authority (KBCA ), the government organization is supposed to approve the building plan and their inspectors visit an under construction building on various stages. The construction of a building cannot continue without the confirmation of inspectors that the construction is as per approved plan. A building whose construction has major violations can only be made in connivance of the KBCA staff. In case of gross irregularities the involved officials should be terminated immediately. At this moment the KBCA staff has nothing to worry about.

The solution (continued)

• The courts must go far beyond deciding which party has the sharper lawyer. Zoning Violations & Building Code violations are part of Public Interest Litigation (PIL). If the building is made against the approved plans or there is a clear cut zoning violation then there should be swift and immediate action against the malefactors.

• In case of land use change the Environmental Protection Agency (EPA) must ensure a proper study on the environmental impact.

• A oversee committee consisting of professionals and honest concerned citizens should be formed to check the corruptions / abuses in Karachi Building Control Authority (KBCA ).