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Governor wants KBCA to ignore illegal NED construction
KARACHI, Dec 11, 2007: The governor of Sindh, Dr Ishratul Ibad, has directed an
end to what he called "unnecessary interference" in the unlawful construction
being carried out by the NED University of Engineering and Technology, it was
learnt.
Sources said that the directive was issued by the governor's
secretary, Nasar Hyat, in a communication to Chief Secretary Fazalur Rehman,
instructing him to direct his subordinates to refrain from stopping the
university from carrying out construction that is, according to the sources,
actually against the law.
Reportedly, the NED University undertook
construction/restoration work in its city campus building, which is protected
under the Sindh Cultural Heritage Protection Act. The law prohibits even the
owner of a protected building from carrying out any construction, restoration or
repair work until a no-objection certificate has been obtained from the advisory
committee on cultural heritage, which is headed by the chief secretary.
Furthermore, before undertaking construction in any building of the city, a
permission or approval of plans has to be obtained from the Karachi Building
Control Authority (KBCA).
Sources informed that the NED University
had neither the NOC from the advisory committee on cultural heritage nor the
approval of plans by the KBCA. The absence of both these permissions renders
illegal the work being carried out by the head of the university's architecture
department, Dr Nauman Ahmed, and his deputy, Anila Naeem, under the overall
supervision of octogenarian Vice Chancellor Abul Kalam.
'Approval not required'
In his letter to the
chief secretary titled "NED University Restoration Project", the governor's
secretary Nasar Hayat says:
"KBCA is raising objections on restoration
work being carried out by the NED University at its city campus which is also
being highlighted by the press as a violation of KBCA rules and protection of
heritage.
"Restoration work of the said building was assigned to NED
University's Architecture Department by chief secretary Sindh as part of the
responsibilities for tabulating, photographing and recording all heritage
buildings in its capacity as UNESCO's sub office in Pakistan.
"This work
is also being done with partial funding by the National Fund for Cultural
Heritage (NFCH). Any approval from KBCA in this regard is, therefore, not
required.
"However, one meeting of the chairman, Architecture and
Planning Department of NED University of Engineering and Technology, with
Secretary Culture Department, in this secretariat is required to be convened to
settle any further details in connection with this issue.
"It is
therefore directed that KBCA may be directed, not to keep on unnecessarily
interfering in restoration work of the city campus of NED University which is
one of the premier institutions of engineering education in Pakistan."
Conflict of interests
Sources pointed out that
the governor holds a figure-head position and does not have any executive
authority, which rests with the chief minister. It was surprising, therefore,
that he issued a directive that relates to the day-to-day working of the
government. Furthermore, they said, the governor is the chancellor of the
university and, as a result, is party to the conflict. This weakens his
authority to influence the work of other government departments in this regard,
since there is a direct clash of interests.
The performance of the city's
various government departments is far from ideal and the KBCA is no exception,
as is evident from the jungle of buildings patently violating different sets of
laws. However, said the sources, this was one case where the KBCA had been
working efficiently and had issued a number of notices to the NED University
directing the cessation of the illegal construction.
They pointed out
that the KBCA had been as cooperative as possible within the law. It first gave
the university time to present the relevant NOCs, permissions and approvals,
which has not been done so far. Even then the KBCA, keeping in mind the
credibility of the educational institution, refrained from sealing the premises
of the university. In the case of other builders violating the law, the
government department has shown no such leniency.
Also keeping in mind of
the status of the NED University, the Sindh culture department too did not take
any stern action – at the cost of even its own credibility since the department
came under severe criticism for failing to take action against the violators of
the law.
Demoralising effect
The sources pointed out that
the directives came from the highest office in the province through formal
channels, and were ordering government officials to refrain from performing
their official duties in a case where the violators were influential
institutions or people. This, they said, had a demoralising effect on the
officials who were left in a dilemma. If they followed the governor's orders,
the new government may take them to task for not performing their duties.
However, if they refused to follow the orders, the incumbents of high offices
would become annoyed over the issue.
With such unusual orders coming from
the high provincial office, said sources, it was not difficult to foretell the
decision of the advisory committee on cultural heritage, which is to decide the
NED issue shortly. They also pointed out that the Sindh culture department has a
soft spot for the NED University since one of its faculty members, Anila Naeem,
serves on the SCD technical committee while another adjunct faculty member
serves on the SCD advisory committee.
"One of major ills in society is
that the rules and regulations are enforced on lesser mortals while the high and
mighty or the influential always get their own way without any problems," said
the sources. "A few such lesser mortals who violated the laws referring to
protected buildings were prosecuted in court. But there are many instances when
influential organisations, including the Pakistan Rangers, the Cantonment Board,
the army and the governor's house, have violated heritage laws with impunity and
no action has been taken against them." Dawn
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