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
Organizations
The 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

The entire pavement is fenced in /

Office of TV One . encroached for the office cars
 A Wall Built Unlawfully
On 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 Lanes
Office 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 Rasheed
Razvi 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 Qaiser
Iqbal confirmed stay order - i.e. that no further construction
could take place.
• Mr Zulfiqar Khan appealed. In January 2008 Justice Munib
Ahmed 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 Sindh
High 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 ).