AGENDA

 Simplification of procedure for approval of building plans as

mentioned in Cantonment Board Act 1924 and same practicing all
over Pakistan other than Karachi. ( Board is Final Authority as per
Act)
 TIP can be charge on those Land which comes under the
management of MEO.
 Uniform bye-Laws for all Cantonment Board of Karachi.( Under
Process)
 SBCA Authority allowed Ground + 2 building after imposed ban on
multistoried building by Supreme Court .Requesting to honorable
DG allowed Ground + 2 building in all Cantonment Board Karachi
as allowing by SBCA.
 Representation of ABAD Member in building committee in all
Cantonment Board Karachi.
 Implementation of classification / Definition of Major / Miner
violation for regularization and completion as per minute of the
meeting with Honorable DG military Land & Cantonment 1994.

1
 AGENDA

Sanction of building plans by Board.

In fact, there is absolute power of the Board to grant sanction for erection
or re-erection for the areas declared to be Cantonment by the Federal Govt.
under section 3 of Cantonments Act in the Official Gazettee. Chapter XI of
Cantonments Act deals with control over buildings, streets, boundaries and
trees etc. Notice for sanction in prescribed form under bye-laws is to be
submitted under section 179 of Cantonments Act. No building in such area
can be constructed without sanction of plan by the Cantonment Board.
Section 181 of Cantonments Act gives absolute power to the Board either to
approve or refuse sanction the erection or re-erection. The law of
Cantonment or any other rules made thereunder does not empower the
Board that after granting sanction to forward the building plan to Director
Region for concurrence as this practice is in vague in Karachi Division
only. The Board by forwarding the matter to the Director Region exceeds its
lawful power as after approval from the Board, no further sanction of any
authority including Director is required under law as neither there is any
law, rules and notified instructions, however the law provides under 2 nd
proviso of section 185 to seek concurrence of the Competent Authority for
acceptance of composition fee but Board at the time of approval of building
plan forwards the same to the Director Region is without lawful authority.
This is admitted position that no other Cantonment in entire country
forwards building plan to the Director Region after approval of the Board
and this practice is without lawful authority and without any reason. There
are plethora of leading judgments of superior court, where it has been held
that Public functionaries could not be allowed to claim any thing without
prior legislation. The relevant section for convenience is reproduced:-
Blessing of Military Estate Officer.

It is power of the Board under section 181 (3) of the Act Ibid that before
sanctioning a building plan on land which is under the management of
Military Estate Officer shall refer application to the Military Estate Officer
for ascertaining whether there is any objection on the part of Govt. to such
erection or re erection; and the Military Estate Officer shall return
application together with his report thereon to the Board within 30 days
after it has been received to him. Function of Military Estate Officer in
sanction of building plan by Cantonment Board, is only limited to the extent
that he has to ensure whether there is any objection on the part of the Govt.
or not. Military Estate Officer is appointed to perform duty under rules
made under section 280 (2) (a) (b) of Cantonments Act, 1924. It is to
ascertain by Military Estate Officer that erection or re erection of the
proposed building is not adverse to the interest of the Govt. and Military
installation in the Cantonment area. In case otherwise Military Estate
Officer is not vested with any jurisdiction to oversee such expect of the
building along building plan is sent to the Military Estate Officer under
section 181 (3) of Cantonments Act, 1924 for the purpose obtaining No
Objection Certificate from the point of view of its location and land point of
view but at present Military Estate Officer does not fulfill his duty within
prescribed limit of 30 days as provided in section 181 (3) of Cantonments
Act, 1924 and further Military Estate Officer misuses its official power and
beyond the scope of mandate of law raises so many objections regarding
land and otherwise, which do not become in his purview / domain therefore
Military Estate Officer be directed to complete his duty within 30 days as
provided by law and report to the Board and further only exercise power
conferred upon him by law as mentioned above. Military Estate Officer is
under lawful obligation to check the GLR and ascertain whether this land is
Govt. Land or not and apart from this he has no job and rather sending the
file of building plan, Cantonment should simply inform the location
demarcation and survey of relevant land by a letter and the officer should
check GLR and report immediately the land is Govt. Land or not. The
relevant section 181( 3) for convenience is reproduced:-
Uniform bye-laws.

It has already been decided in past that all Cantonments shall frame
uniform building bye-laws in conformity with building bye-laws, rules and
regulations of The Sindh Building Control Authority, the organization which
controls more than 90% areas of Karachi city. This is requirement of time to
facilitate the people of the city to keep them at par with immediate measures.

Permission for ground + second story buildings.

At present all 06 Cantonments of Karachi city have different bye-laws.

Every Cantonment is independent corporation to grant sanction according
to the bye-laws notified under section 186 for the said Cantonment. At
present the Honorable Supreme Court of Pakistan in Const. Petition No 38
of 2016 has passed order dated 16-03-2017 on the ground that there is
shortage of drinking water and ban has been directed on high rise and
multistoried buildings till shortage of water is overcome. Review petition at
present have been filed which are likely to be fixed in near future subject to
availability of Bench, however Sindh Building Control Authority on the
recommendation of his principle law officer has issued a Office
Memorandum dated 21-09-2017 wherein a policy has been made by DG of
The Sindh Building Control Authority. The policy framed by the Sindh
Building Control Authority appears to be reasonable and it is not in
disregard the order of Honorable Supreme Court of Pakistan, therefore it is
very respectfully submitted that chair may kindly take into consideration the
policy and SOP prepared by the Sindh Building Control Authority and
direction to DML&C Karachi Region may kindly be given to facilitate the
citizen of Karachi city and same and identical policy as to the Sindh
Building Control Authority may kindly be worked out and adopt. The legal
opinion on the same point has been taken which is in favour of the policy
adopt by the Sindh Building Control Authority. The policy of Sindh Building
Control Authority.

Extension of Time

While constructing a project, some deviations occur but powers of the

Board under section 185 of Cantonments Act 1924 are wider and Board has
the authority to condone any illegality. While constructing the public
project, because of some reasons beyond the control of builder, normally
construction is not completed within time then therefore for extension in
time, request is made and Board has power to grant two extensions but as
the extension application is filed, different sort of objections are taken such
as to regularize the violations already occurred but this is not requirement
of law. As a matter of rule such regularization is to be demanded at the time
of filing regularization / building plan and without taken into consideration
application for extension is to be granted if policy is formed and direction is
given that at the time of applying extension of time no emphasis is made to
regularize the violations so occurred and for this reason, work at site is
stopped and possession could not be handed over within time. This is not
requirement of law that before granting extension, first to get regularization
the violations so occurred and now after granting extension by Board the
matter refer to the DML&C for which neither there is any law nor any rules
and this is absolutely illegal practice. The time in extension as desired by
builder is not granted and in very miserable manner, short time is provided
which normally in most of the cases is found not sufficient. The law does not
specify the time which is to be allowed by the Board for extension and it is
normally should be granted as requested by the builder, because a more
time if is granted, then it will not harm for the Board in any manner. Neither
the law nor any rules has specified a period which is to be granted in
extension by Board. For convenience section 183-A of Cantonments Act, is
reproduced below:-

Keeping in view the above submissions, it is very respectfully submitted that

in shape of instructions, the Cantonment Boards of Karachi Region may
kindly be directed for compliance in letter and sprit. The Govt. authority is
always mint for to facilitate the citizen of the country, who pays fees and
taxes in billion of rupees.