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Illegal NED University construction retroactively okayed by Govt
Karachi, Jan 30, 2008: Caving in after the open support shown by Sindh Governor
Dr Ishratul Ibad, the Sindh government has granted a no-objection certificate
(NOC) to the NED University of Engineering and Technology to carry out
construction work in its city campus on a building that is protected under the
Sindh Cultural Heritage Protection Act, it was learnt.
The status of
the on-going construction had earlier been illegal since it was initiated
without the university having obtained the mandatory permissions. Sources
pointed out, however, that the NOC's issuance became a mere matter of time after
the governor, who is also the chancellor of the university, extended open
support to the project.
The heritage protection laws deny anyone,
including the owners, the right to carry out any sort of construction, repair or
restoration work in a protected building and prescribe long prison terms and
heavy sentences for violators. Carrying out construction on such a site requires
prior permission from the advisory committee on cultural affairs, which is
headed by the chief secretary, and the plans must be approved by the Karachi
Building Control Authority (KBCA).
As has been reported in this
newspaper, the NED construction/restoration project being carried out by Anila
Naeem and Dr Nauman Ahmad of the university's architecture department under the
guidance of vice-chancellor Abdul Kalam, was initiated long before the NOC was
granted.
In a Dec 7, 2007, communication to the NED University on the
subject "Technical evolution of NED city campus restoration project", the Sindh
Cultural Department (SCD) stated that "[the] NOC is hereby granted for the
restoration project of NED University of Engineering and Technology City Campus
Karachi on the ground to strictly follow the conservation principles in view of
the report and recommendations of Mr Arif Hassan, Architect and Planning
Consultant, member (technical evaluation committee) of Culture Department and of
Anila Naeem, Associate Professor, department of Architecture and Planning, NED
University Karachi and member (technical evaluation committee) of Cultural
Heritage dated April 5, 2006."
Sources said that copies of this
'NOC', issued by SCD section officer Mukhtar Alam Mallah, were also sent to Arif
Hassan, Anila Naeem and others.
Authority overstepped
They
pointed out, however, that the SCD had overstepped its authority since the
provincial culture department's jurisdiction over the issuance of such NOCs was
limited and it could grant such permission only after the decision had been
taken by the advisory committee on cultural affairs. In this case, however, the
SCD had issued permission without waiting for a decision by the advisory
committee.
While the advisory committee ought to have taken action
against the manner in which the SCD had overstepped its authority, it instead
formally granted the NOC in a Dec 12, 2007, meeting. Sources said that the issue
was not discussed in any detail and the meeting merely stated that: "NED
University City Campus: the committee confirmed NOC granted to NED University,
City Campus project issued by Culture Department, vide dated:
07-12-2007."
Inside sources claimed that the Sindh Culture Department
(SCD) was 'persuaded' to issue the NOC quickly since it is ordinarily quite hard
to get permission from the advisory committee on cultural affairs, a few members
of which are private citizens.
Governor's partisan stance
When the construction work was initiated, the NED University had
neither the NOC from the advisory committee nor the approval of plans by the
KBCA.
When the matter was taken up by the press, Governor Ibad became
involved. In early December, a letter was sent from the Governor's House asking
the chief secretary to direct the secretary culture and the KBCA to ignore the
construction work – which was illegal at that time – being carried out by the
NED University.
Following the governor's orders the KBCA, which had until
then been pursuing the case diligently, gave in to the pressure and looked away
from the illegalities.
When the story was reported by this newspaper, the
governor came to the rescue again and on Dec 11, 2007, issued a statement saying
that the university had the necessary NOC from the relevant government
organisation.
Until that time, however, the university had obtained an
'NOC' from the SCD only, which did not have any legal value. Sources said that
following the governor's statement on Dec 11, the advisory committee – which is
the only government body that can legally issue the permission – met on Dec 12
and issued the NOC.
Also interesting is the fact that a number of NED
staff members attended the Dec 12 meeting of the advisory committee. Sources
pointed out that this was a clear example of a clash of interests: NED staffers
who were members of the advisory committee and its sub-committee ought not to
have attended the meeting at all. In doing so, they had further compromised the
integrity of a decision over an issue that was already tainted by the governor's
partisan stance.
Conservationists have urged the authorities to review
the composition of the advisory committee on cultural affairs to ensure
transparency. They point out that the committee's credibility had already
suffered a set-back when it, and the SCD, failed to take action against the NED
University for the illegal construction work it was carrying out, apparently
because a few of the committee members were employed by the educational
institution.
Meanwhile, sources said, the university ought to have waited
until it was issued the permissions relevant in this regard. In carrying on
regardless, the institution had given its students the message that illegalities
were irrelevant if one were influential. Dawn
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