Sindh High Court Allows Residents to Retrieve Belongings from Sealed Dilapidated Buildings

Karachi: The Sindh High Court has permitted residents to remove their belongings from buildings sealed by the Sindh Building Control Authority (SBCA) due to structural concerns. The court also directed SBCA to have the buildings inspected by an independent expert.

The hearing was conducted before a two-member bench led by Justice Muhammad Iqbal Kalhoro, addressing petitions from residents challenging SBCA’s sealing of their properties. Members of SBCA’s technical committee were present in court.

Justice Kalhoro remarked that citizens often complain that buildings are labeled “dilapidated” merely to evict residents. He questioned how the technical committee determines a building’s structural instability. Engineer Arif Qasim, a technical committee member, said that if the committee’s report is not trusted, a third-party expert can be appointed.

The court inquired about the fees for independent experts. The technical committee member replied that an inspection visit earns Rs 5,000. Justice Kalhoro responded, questioning such a nominal fee for declaring a building dilapidated.

Petitioners’ counsel suggested appointing an independent observer to inspect the buildings. If the observer confirms structural damage, they would withdraw the case, arguing that SBCA’s committee labels buildings dilapidated with malintent.

The court noted that under the law, if there are objections to the technical committee, an independent expert can be consulted. SBCA’s lawyer claimed the buildings had already been inspected twice. Petitioners’ lawyer countered that photographs in SBCA’s report did not match their building. The court converted the petition into a revision under Section 16 of the SBCA Act.

The court instructed SBCA to have the structures examined by an independent expert and allowed interim restoration of utility services in affected buildings. While the buildings remain dangerous, the court permitted residents to retrieve their belongings, halting any demolition until the inspection and report are completed.