The Significance of Special Courts Ordered by SHC under Buildings Law

The Significance of Special Courts Ordered by SHC under Buildings Law.On Thursday, the Sindh High Court (SHC) issued an order for the creation of special courts in accordance with the laws of the Sindh Building Control Authority (SBCA). The court expressed concern over the lack of implementation of the Sindh Building Control (Amendment) Act, 2013, specifically in relation to the establishment of special courts to address matters related to buildings.

The non-compliance of Section 18-A of the Act, which entails the establishment of special courts, was highlighted by Justice Salahuddin Panhwar, who presided over a division bench at the SHC.

According to the court, the provincial government is required by law to set up special courts and a comprehensive mechanism has been put in place for this purpose. The Significance of Special Courts Ordered by SHC under Buildings Law Additionally, the court emphasized that the government is obligated to establish special courts in various towns across the province.

The provincial law officer was questioned by the bench regarding the operations of the special courts. In response, the officer stated that the appointment of presiding officers has not been completed as of now.

The court stated that the building control ordinance was enacted in 1979, and this provision was added in 2013. However, even after a decade has passed, there has been a failure to adhere to this law.

The court, upon recognizing the failure to comply with the law, instructed the law department to inform the special courts designated by the building control law in the regions under municipal corporations’ jurisdiction. This could be achieved by setting up separate courts or designating existing courts in collaboration with the SHC chief justice, as outlined in the Act.

The court mandated the establishment of special courts within a month, stipulating that the law secretary must be present in the event of failure to comply. Failure to adhere to the court’s directive would be viewed as a negative action by the relevant authorities, as per the bench’s ruling.

The court has instructed the Director General of the SBCA to provide details on how appointments are made within the authority, specifically whether they follow the prometric system or are conducted through third-party testing agencies as per the Sindh government’s practices. Additionally, the court has requested guidelines on how exams are conducted within the authority to be submitted.

The bench inquired the provincial law officer regarding the enforcement of Section 4B of the building control ordinance concerning the establishment of the Authority and committee. The officer mentioned that the Authority forms the committee and appoints officers up to grade 17 as per the Regulations, where applicants must undergo a written test and viva voce.

The SBCA DG has been instructed by the court to provide comprehensive information regarding the recruitment process over the past six years .The Significance of Special Courts Ordered by SHC under Buildings Law. This includes details about the tests conducted by the committee, as well as any publications and the committee’s mandate.

The court directed the secretary of the local government to furnish any notifications pertaining to the establishment of the building control committee responsible for overseeing the Authority as per Section 4B. Furthermore, the court called upon the designated representative of the LG secretary to attend in person and aid the court on the 28th of February.