' KHALIL-UR-REHMAN RAMDAY, J.--- We have had the benefit of the assistance of the learned Advocate-General for Punjab, Malik Muhammad Qayyum, Advocate Supreme Court for the L.D.A.
With Mian Qamar-uz-Zaman, Legal Advisor, Mr. Mansoor Ali Shah, Advocate Supreme Court for the petitioners and Mr. Shahid Karim, Advocate Supreme Court for respondent No,6. We have also heard the submissions made by the four Town Nazims of Lahore present on our call.
2. While hearing this matter in the month of July last year, we were horrified to notice that the Lahore Development Authority and other governmental agencies had allowed construction of high-rise buildings in the city of Lahore without following the laws regulating the subject as a result whereof these multi-storeyed buildings had become a grave threat to the lives and the properties not only of the people living, occupying or' using the said building's but also of a multitude of others i.e, the neighbours, the visitors and even the ones passing by. The height of callousness and disregard for human lives and properties shown by them was evident, inter alia, from the fact that not even a single Structure Engineer was available with the L.D.A. Who could have checked, supervised or ensured the structural stability of these structures. Nor had any steps even been taken by the L.D.A. To check the bearing capacity of the soil where these buildings were being raised. We had consequently passed an order on 19-7-2006 carrying some directions to be followed in the matter. The said order would be read as part of this order.
3. On the last date of hearing, the Town Planning Officer of the L.D.A., however, informed us that the L.D.A. Was not the building control authority for the entire city of Lahore; that only a part of the said city was with them for the purpose and that the major part of the city, for the said purpose, was with the Town Administration. This is why we asked for the appearance' of four of the Town Nazims of the City of Lahore who are consequently present and have been heard.
4. Some of the further shocking aspects which have surfaced during the proceedings in this matter today, are:--
(a) That neither The L.D.A. Nor the City or Town Governments/ Administrations know which part of the city of Lahore for the purposes of construction of the buildings in question, falls within whose jurisdiction;
(b) the Town Nazims submit that commercialization of areas even within their respective controls was not with them but the sanctioning of plans for buildings including high-rise buildings did fall within their power and that the plans for high-rise buildings within their respective jurisdiction were being sanctioned by them;
(c) they, however admit and in fact complain that no qualified engineers etc. Were available with them to assess the structural stability aspects of the high-rise buildings which they were allowing to be constructed nor did they have any technical experts available with them who could ensure quality control or supervise such-like structures and add that they do not even have the authority to appoint any such persons in their respective Governments/Administrations.
The situation is appalling. The need for strictest of controls on the construction of high-rise buildings hardly requires any emphasis. Such-like buildings if not constructed under the requisite checks and in conformity with the laws and regulations governing the subject, could become deathtraps for hundreds of innocent and even unconcerned persons besides immeasurable loss to the properties. Examples of such: like disasters in different cities including the city of Lahore are not unknown. We were also surprised to notice from the list of such-like buildings submitted before us that at least fifty-five high-rise buildings had been allowed to be constructed in Shah Alain Gate area which was already a more than crowded part of the city. We have also noticed that construction of similar buildings had been sanctioned even in the walled city and the said buildings were being raised even on plots measuring around 5 Marlas of land.
6. It was this kind of a conduct displayed by the concerned governmental departments and agencies that we had felt compelled to intervene to protect the lives and the properties of the public and had passed the above mentioned, somewhat, detailed order on 19-7-2006 carrying some instructions and directions for the concerned authorities. The learned Advocate-General reports to us that some steps were being taken in compliance with the said directions but we are pained to notice that despite a lapse of one year, the interest and the progress shown in the matter was far from being satisfactory so much so that the different agencies and the city of Lahore e.g. The L.D.A. And the Town Administration did not even know as to which is the relevant authority/ administration and for what purpose.
7. In the circumstances, we are left with no option but to stay the construction of high-rise buildings in Lahore having more than three storeys, till further orders in order to protect the precious and the valuable properties of the public and it is so ordered. Malik Muhammad Qayyum, Advocate Supreme Court appearing for the L.D.A., however, pointed out that such an order could cause some hue and cry amongst the builders or the persons affected thereby. Having considered this aspect of the matter, we find that extraordinary steps are required to be taken to meet extraordinary situations like the one in hand when no one appears to be feeling concerned with the rights and interests of the public-atlarge. In any case, the interest of a few builders could not be permitted to expose the lives and the properties of hundreds and thousands of citizens to high risk and danger.
We are, however, mindful that we should ensure minimum interference with lawful pursuits of business by law abiding builders and individuals.
8. A Commission is, therefore, appointed by us, with the consent of all those present, which Commission:--
(a) shall survey and inspect each and every high-rise building i.e, the buildings having three storeys or more in Lahore whether under construction or even where the construction is complete;
(b) shall find out whether such buildings are constructed after the sanctioning of the plans for the purpose in accordance with law; and
(c) where the plans had been sanctioned then whether it had been so done after complying with all the requisite requirements i.e, the rules, the regulations and the laws governing the subject including taking of steps to assess the load-bearing capacity of the soil, the availability of the necessary infra-structure to eater for the impact created by such-like buildings and the measures to ensure the structural stability.
9. The Commission should also feel free to notify us of any other incidental or ancillary matters which come to his notice though not specifically mentioned above.
10. This Commission shall also inspect all high-rise buildings which had already been constructed and completed and shall submit a report whether the requisite parts of the building shown to have been reserved for certain legally commanded purposes were being actually used for the said purposes or whether they had been converted to some other use e.g. It is complained that most of the areas shown as parking lots in the plans while securing sanction for construction of 'such-like structures had, after completing the structures had been converted into shops and were being used as such as a result whereof the public roads had become the parking lots for those high-rise buildings which had made those roads absolutely unusable for traffic.
11. All these present agree to the appointment of the following gentlemen to man the said Commission:--
(a) Mr. Justice (R.) Riaz Kiyani as its Chairman and convenor;
(b) a nominee of the Vice-Chancellor of the University of Engineering and Technology at Lahore from the field of structure engineering; and
(c) Kamil Khan Mumtaz, the Town Planner and Engineer from the private sector.
12. With the consent of the parties, the fee of the Chairman of the Commission is fixed at Rs,2,50,000 (Rupees two lacs and fifty thousand) per month which shall initially be paid by the Government of Punjab in the Housing and Physical Planning Department whereafter it shall be open to the said Government to seek proportionate contributions towards the said end from the L.D.A., the City Government and the relevant Town Administrations. The matter of fee of the nominee of the Vice- Chancellor and Kamil Khan Mumtaz, shall be handled by the learned Advocate-General and whatever fee is required to be paid to them shall be paid in the manner above mentioned.
13. It is also ordered and clarified that any builder of the buildings in question who feels aggrieved of this order and who also feels that he is raising the construction after compliance of all the requisite laws and conditions, shall be free to move this Court to seek permission to continue with the construction.
14. So far as the building being constructed by respondent No,6 is concerned, it shall be open to the builder to move for the sanctioning of the plans for the structure above the ground level and in turn, it will be permissible for the L.D.A. To undertake the requisite exercise for the said purpose. So far as further construction of this building is concerned, the same shall follow the above order passed with respect to all other high-rise buildings.
15. The learned Advocate Supreme Court for the L.D.A. Has placed before us a list of cases where some interim orders stand passed by some learned Courts regarding high-rise buildings. It is ordered that all such interim orders shall be read and be subject to the above orders passed by this Court today.
16. Khalid .Abdul Rehman, Architect under notice need not appear, in person, on the future dates of hearing unless specifically summoned by this Court.
17. This matter shall now be listed for further hearing on 24-5-2007. In case any larger Bench be in session on the said date then this Bench will hear this case after the Larger Bench rises.
18. The Town Nazims present today, need not appear before this Court, in person, on the future dates of hearing unless specifically summoned.
19. All the Government Departments, agencies, authorities and the Town Administration shall afford every possible assistance required by the Commission.
20. A copy of this order shall be sent to the Capital City Police Officer of Lahore who shall immediately communicate the same to all the S.H.Os. In Lahore which S.H.Os. Shall be personally responsible to ensure compliance of the stay order passed in the matter.
21. Copies of this order shall also be sent to Mr. Justice (R.) Riaz Kiyani, the Vice-Chancellor of the University of Engineering and Technology, Lahore and Kamil Khan Mumtaz for information and compliance.