نسلہ ٹاور،سپریم کورٹ کا عمارت گرانے والے مزدوروں کی تعداد دوگنا کرنے کا حکم

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نسلہ ٹاور منہدم کیس میں سپریم کورٹ نے کمشنر کراچی کو مزدوروں کی تعداد دوگنا کرنے کا حکم دیدیا ہے۔

رپورٹ کے مطابق سپریم کورٹ کراچی رجسٹری میں ہونے والے نسلہ ٹاور منہدم کیس کا تحریری حکم نامہ جاری کردیا گیا ہے۔

گزشتہ روز ہونے والی سماعت میں کمشنر کراچی نے عدالت کو بتایا کہ نسلہ ٹاور کو گرانے کیلئے 200 مزدور کام کررہے ہیں،عدالت نے تحریری حکم نامے میں کمشنر کراچی کو ہدایات دی ہیں کہ عماعت کو گرانے کیلئے 200 کے بجائے 400 مزدور لگائے جائیں ۔


عدالت نے کمشنر کراچی کو ہدایات دی ہیں کہ نسلہ ٹاور کو مسمار کرنے کا کام ایک ہفتے میں مکمل کیا جائے اور اس عمل کو محفوظ بنایا جائے۔

واضح رہے کہ گزشتہ روز سپریم کورٹ کراچی رجسٹری میں نسلہ ٹاور تجوری ہائٹس منہدم کیس کی سماعت ہوئی جس میں عدالت نے نسلہ ٹاور کو مسمار کرنےکی کارروائی پر عدم اعتماد کا اظہار کیااور کمشنر کراچی کو کارروائی تیز کرنے کی ہدایات جاری کی تھیں۔
 
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Okara

Prime Minister (20k+ posts)
My simple question, if I caught driving over the posted speed can I get away saying there are lot others doing the same?
In my views, SCP must ask the builder to return money to the buyer they received. Like if the Price of a flat was Rs 2.5M.
To avoid Tax buyer colluded with builder and paid Rs1.5M and remaining Rs 1M unaccounted for.
SCP must order builder to pay only Rs1.5M to teach lesson to buyer as well.
 

HIDDEN

Minister (2k+ posts)
My simple question, if I caught driving over the posted speed can I get away saying there are lot others doing the same?
In my views, SCP must ask the builder to return money to the buyer they received. Like if the Price of a flat was Rs 2.5M.
To avoid Tax buyer colluded with builder and paid Rs1.5M and remaining Rs 1M unaccounted for.
SCP must order builder to pay only Rs1.5M to teach lesson to buyer as well.
It's not like that.. The payment to the builder is made through bank transfer.

What about the increase in property prices at nearby locations? The tower was approved by SBCA, what else a buyer can ensure before buying a property? Had he known the fact that it was an illegal land, he would have bought the property elsewhere in Karachi.

This is a zulm.. what if today I invest in a property in Karachi, and 5 years later I get to know that all the permits issued by the relevant authorities were illegal.. and the property that I bought without knowing this fact worth 1 crore at the time of purchase.. the nearby properties were also worth the same amount.. after 5 years, the property price is increased to 2 crores, and suddenly SC wakes up, and terms the property illegal, and asks the builder to pay back 1 crore.. that too in installments.. can I buy another property in a similar locality with the similar size?

Regarding your assertion that buyer paid less than what should have been accounted for, first of all, this is your assumption, and secondly, if it really happened, then all the builders in Karachi probably do that.
 

Okara

Prime Minister (20k+ posts)
It's not like that.. The payment to the builder is made through bank transfer.

What about the increase in property prices at nearby locations? The tower was approved by SBCA, what else a buyer can ensure before buying a property? Had he known the fact that it was an illegal land, he would have bought the property elsewhere in Karachi.

This is a zulm.. what if today I invest in a property in Karachi, and 5 years later I get to know that all the permits issued by the relevant authorities were illegal.. and the property that I bought without knowing this fact worth 1 crore at the time of purchase.. the nearby properties were also worth the same amount.. after 5 years, the property price is increased to 2 crores, and suddenly SC wakes up, and terms the property illegal, and asks the builder to pay back 1 crore.. that too in installments.. can I buy another property in a similar locality with the similar size?

Regarding your assertion that buyer paid less than what should have been accounted for, first of all, this is your assumption, and secondly, if it really happened, then all the builders in Karachi probably do that.
Keep in mind this project was built on illegal land so if buyers are paid what they paid legally through banking channel is enough.
Also not only builder should pay to the buyers he must be fined an equal amount as a fine.
The officers who given clearance to this project can be helped on humanitarian basis.
 

HIDDEN

Minister (2k+ posts)
Keep in mind this project was built on illegal land so if buyers are paid what they paid legally through banking channel is enough.
Also not only builder should pay to the buyers he must be fined an equal amount as a fine.
The officers who given clearance to this project can be helped on humanitarian basis.
Bhai jan, how would anyone know if the land is illegal.. when Sindh Building Control Authority is issuing a permit..

You are assuming that people paid less.. What if the prices of the nearby projects were similar, and now the owners can't buy any property in the same area?

Zulm ko zulm tou keh do..

Aur why officers who gave clearance should be helped on humanitarian basis?
 

Okara

Prime Minister (20k+ posts)
Bhai jan, how would anyone know if the land is illegal.. when Sindh Building Control Authority is issuing a permit..

You are assuming that people paid less.. What if the prices of the nearby projects were similar, and now the owners can't buy any property in the same area?

Zulm ko zulm tou keh do..

Aur why officers who gave clearance should be helped on humanitarian basis?
Are u saying even the builder was not knowing? When I am going to buy a property, will I not do my research? Why lot of people in Pakistan ready to buy a property only in file not existed physically?
Lets assume, I have a stolen car and sell to you, will you get your money back if police confiscated car from you?
If I announce a society today and spend few Cr on advertisement, I can collect billions without spending a dime on buying a land. Most of the buyers will buy a file thinking I will develop land and they can sell at a huge margin. Sir Riaz of Bharia Town usually buy a land from the money collected from bookings made by greedy people like us. Now lets assume, if Riaz declare a bankruptcy today who to blame? In my opinion you own what is under your control. Mr Riaz is nothing but a stock exchange or a Cassino and public knowingly spending their money to become rich because of their greed. Trust me one day Malik Riaz is going to disappear and people will start blaming government and will never admit their mistake.
 

Bubber Shair

Chief Minister (5k+ posts)
بے حسی اور سنگدلی کا مظاہرہ کیا گیا ہے میرے خیال میں ان بے چاروں نے زرداری کو بھتہ نہیں دیا ہوگا نتیجہ یہ نکلا کہ سرکاری زمینوں پر جھگیوں والے بھی مزے سے بیٹھے ہیں مگر ایک بہترین رہائشی ٹاور جس میں ہر فیملی نے زندگی کی جمع پونجی انویسٹ کی ہوی ہے اس کو گرانے کی اتنی جلدی؟
کیا کراچی اور سندھ میں لاکھون ایکڑ دیگر سرکاری زمینیں واہگزار کروا لی گئی ہیں؟
بڑا ہی کوی ضدی اور انا کا مارا جج ہے جس نے بالکل کسی کی نہیں سنی اور اس ٹاور کو گرا کر ہی چھوڑا اس جج کا بھی اس طالبان لیڈر والا مسئلہ ہے جس نے رشتہ ٹھکراے جانے پر سوات کی اٹھارہ سالہ لڑکی کو سرعام کوڑے مارے ہوسکتا ہے اس جج نے بھی کوشش کی ہو مگر اس کو یہاں گھر نہ مل سکا؟
شرم کرو جج بے ہودہ انسان یہ بے چارے دو کروڑ کے شہر میں چند خوش نصیب تھے جو اپنی چھت تلے سوتے تھے تم نے وہ بھی چھین لی؟ کسی نے ان کو ادائیگی نہیں کی ویسے بھی وہ ادائیگی کیوں لیں ان کو گھر تو اس قیمت پر اب نہیں ملے گا
 

HIDDEN

Minister (2k+ posts)
Lets assume, I have a stolen car and sell to you, will you get your money back if police confiscated car from you?
I can't respond to all of your examples, but lets discuss this one.

If I buy a car from you, and I go to registration department, which clears the car, who is to blame? Of course I won't get a dime, because this is what the joke of a system of Pakistan is all about.

I am not questioning your assumption about what the builder had done.. I am telling you that people invested in that property after seeing all the permits from relevant authorities.

Take whatever builder has earned if it is proved that he offered bribes to regularize or allot a piece of land, but it is a zulm to take the property now from the owners (some of whom had invested their whole life earnings) without giving them the market price so that they could buy property elsewhere. Sindh government and its departments, local government and the officers, Sindhi Muslim society administration, all gave permits.. they were not fake created at a printing shop, but original permits and their record is still in the departments.

I mean, Sindh departments were issuing permits to the builder, who constructed the tower, and then 5 years passed (some apartments even transferred to others ownership), suddenly an SC CJ, who can't say a word to his fellow lawyers when they swear at judiciary on his face, wakes up from a deep slumber and issues orders to demolish the building, which is now owned by tens of families.. without even giving them any compensation..

wow, what a joke of a system.

I have an apartment in Karachi, I paid a lot of money to buy that from the first owner who paid the builder.. the money that I have earned overseas.. the building was constructed in 2013... I have no idea when this CJ takes a notice and razes the entire building without any regard to the money that I sent to Pak to buy that apartment.

fcuk this system, lanat
 

Okara

Prime Minister (20k+ posts)
I can't respond to all of your examples, but lets discuss this one.

If I buy a car from you, and I go to registration department, which clears the car, who is to blame? Of course I won't get a dime, because this is what the joke of a system of Pakistan is all about.

I am not questioning your assumption about what the builder had done.. I am telling you that people invested in that property after seeing all the permits from relevant authorities.

Take whatever builder has earned if it is proved that he offered bribes to regularize or allot a piece of land, but it is a zulm to take the property now from the owners (some of whom had invested their whole life earnings) without giving them the market price so that they could buy property elsewhere. Sindh government and its departments, local government and the officers, Sindhi Muslim society administration, all gave permits.. they were not fake created at a printing shop, but original permits and their record is still in the departments.

I mean, Sindh departments were issuing permits to the builder, who constructed the tower, and then 5 years passed (some apartments even transferred to others ownership), suddenly an SC CJ, who can't say a word to his fellow lawyers when they swear at judiciary on his face, wakes up from a deep slumber and issues orders to demolish the building, which is now owned by tens of families.. without even giving them any compensation..

wow, what a joke of a system.

I have an apartment in Karachi, I paid a lot of money to buy that from the first owner who paid the builder.. the money that I have earned overseas.. the building was constructed in 2013... I have no idea when this CJ takes a notice and razes the entire building without any regard to the money that I sent to Pak to buy that apartment.

fcuk this system, lanat
Suppose, I bought an apartment building which was built on a legally owned land and with all the required permits. At the time of purchase I had building inspection done. Very next year building department did inspection and declared the building is unsafe. Now please provide me solution to my problem, where I don't have insurance and fixing building will cost more than demolition and rebuilding it?
Another situation: I bought drug from a street drug peddler Mr X. Police confiscated this drug from me. I told Police I have all the proofs to buy this drug from Mr X so caught Mr X not me. When Police arrested Mr X, he said Yes I sold it to him but Drugs belongs to drug dealer Mr Y and he is working only on commission, so arrest Mr Y. When Police went to Mr Y, he said yes Mr X is a commission agent but he bought this drug from manufacturer Mr Z. When Police approached Mr Z, he told in order to manufacture this drug he acquired Material from a Chemist A and Farmer B. Please advise who should be punished for the drugs?
Also government ordered to destroy the drugs confiscated. Is is fair to destroy this drug instead selling it to drugs addicts?
 

HIDDEN

Minister (2k+ posts)
Suppose, I bought an apartment building which was built on a legally owned land and with all the required permits. At the time of purchase I had building inspection done. Very next year building department did inspection and declared the building is unsafe. Now please provide me solution to my problem, where I don't have insurance and fixing building will cost more than demolition and rebuilding it?
Not a relevant example. The case here is not about a structure that is unsafe, or has become unsafe in a year's time. The case is that the land was termed legal by the relevant authorities. There is no way for the buyers other than trusting the authorities.

Now that trust is no more.

Regarding your example, in civilized countries, courts will award compensation to the buyer if he or she proves that at the time of first inspection, the building was unsafe but wrongly declared safe. If building was safe and inspector didn't make any mistake, then the responsibility of not buying insurance is on the buyer. Structures can become weak due to certain natural causes and no one can predict them. But when it happens, it happens with many buildings.. such as after an earthquake or a rise in ground water level.
Another situation: I bought drug from a street drug peddler Mr X. Police confiscated this drug from me. I told Police I have all the proofs to buy this drug from Mr X so caught Mr X not me. When Police arrested Mr X, he said Yes I sold it to him but Drugs belongs to drug dealer Mr Y and he is working only on commission, so arrest Mr Y. When Police went to Mr Y, he said yes Mr X is a commission agent but he bought this drug from manufacturer Mr Z. When Police approached Mr Z, he told in order to manufacture this drug he acquired Material from a Chemist A and Farmer B. Please advise who should be punished for the drugs?
Also government ordered to destroy the drugs confiscated. Is is fair to destroy this drug instead selling it to drugs addicts?
Lol.. you are really giving flawed examples.

The drug is a KNOWN illegal thing. If you are naive enough that you don't know about illegal drugs, and go to the authorities and ask for a permit to buy it, they will tell you in the first place its trading will definitely land you in jail.

See, how much you give this matter a spin, a zulm remains a zulm. The buyers in Nasla Tower spent their lives' savings to buy the apartment in that building after the builder got all the permits from the relevant government departments, including the local/ provincial governments, and the concerned cooperative society. THERE IS NO OTHER WAY FOR A BUYER IN KARACHI TO CHECK THE STATUS OF THE LAND'S LEGAL STATUS AND ITS OWNERSHIP. IF THERE IS, PLEASE LET ME KNOW.

Again, in civilized countries, the government departments (not just the individuals) would have been sued for converting an illegal land into a legal one. Each buyer would have been fully compensated, taking into account the increase in the prices of the similar properties in the same area. The compensation would have come from the departments, rather than the builder to clear the owners first.

Then, an investigation against the builder would have continued, and if he had been found guilty of bribing the individuals, or other wrongdoings, he would have been sent to jail along with heavy fines and cancellation of builder permits. Builders assets would have been ceased, auctioned, if required.

The court here has taken all the action against the residents, who paid full amount to own a property approved by the government, yet there is no action against the authorities and local/ provincial governments, who issued permits.

I didn't know it would be so difficult for me to clarify myself.
 

Okara

Prime Minister (20k+ posts)
Not a relevant example. The case here is not about a structure that is unsafe, or has become unsafe in a year's time. The case is that the land was termed legal by the relevant authorities. There is no way for the buyers other than trusting the authorities.

Now that trust is no more.

Regarding your example, in civilized countries, courts will award compensation to the buyer if he or she proves that at the time of first inspection, the building was unsafe but wrongly declared safe. If building was safe and inspector didn't make any mistake, then the responsibility of not buying insurance is on the buyer. Structures can become weak due to certain natural causes and no one can predict them. But when it happens, it happens with many buildings.. such as after an earthquake or a rise in ground water level.
For your reference here is the example from City of Calgary Alberta Canada
Kensington Manor
It was responsibility of the owner to demolish but owner refused and thus city decided to demolish themselves but money will be recovered from the owner.
If you ask an inspection for any building in Canada, most of inspectors will never take responsibility for the inspection as they did inspection based on the available information. The ones who take responsibility is very limited and not more than 90 days from inspection.
Now comeback to Nestle Tower. Its nothing but like a stolen car. Most likely the Nestle Tower builder wasn't the one who grabbed this land but will be either MQM or PPP. This means MQM or PPP created a false documents and sold it to the builder and based on the documents builder got all the required building permissions. Now its proved the land was illegally acquired, question is why not to demolish the structure on it? In order to recover money apartment owners have to go to court against the builder and builder needs to file a case against the one he purchased the land from. If Builder was not stupid he must had build and sold under a business not under his name and can declare bankruptcy and is a very legal way under Common law which is practiced all over the world.
Lesson learned do some investigation before buying a property especially in Pakistan and if you bought after all investigations and yet found stolen property then thanks to Allah that you are robbed by a Muslim not a non-Muslim. Lets assume, If I moved back to Pakistan will love to live in a rental property rather own it as I know there are more chances there will be litigation.
 

HIDDEN

Minister (2k+ posts)
For your reference here is the example from City of Calgary Alberta Canada
Kensington Manor
Yaar bhai, for heaven's sake.

The building in question was 1969 building and over the years, it became weak. The owner had to bear the responsibility.

Give me an example where construction on a land (a lease of 99 years has been issued by the relevant authorities) has been termed as illegal, with even the building permits available for all the authorities and even government.
 

HIDDEN

Minister (2k+ posts)
Most likely the Nestle Tower builder wasn't the one who grabbed this land but will be either MQM or PPP. This means MQM or PPP created a false documents and sold it to the builder and based on the documents builder got all the required building permissions.
You have no idea about this case it seems.

It's a very complicated case.. The land ownership was transferred to a private party in 1957.. The land was 750 or so sq yrds. Later, 25/ 30% land was added and regularized by the authorities. Builder constructed the building on the leased land. The documents were not FALSE.. they were original, issued by the authorities.
 

HIDDEN

Minister (2k+ posts)
Now its proved the land was illegally acquired, question is why not to demolish the structure on it? In order to recover money apartment owners have to go to court against the builder and builder needs to file a case against the one he purchased the land from. If Builder was not stupid he must had build and sold under a business not under his name and can declare bankruptcy and is a very legal way under Common law which is practiced all over the world.
Firstly, the land was legally acquired from the society, who got the permission from the government authorities.

Secondly, I am not against the demolition of the building. It becomes an illegal structure if found even 10 years later. However, SC should have ceased the accounts of the authorities and compensated the owners.

Builder's case is different.. If it is proven he was involved in illegal occupation of the land, he should be fined and jailed.

Owners should be compensated on the market value. I know a couple of owners who bought the flats by getting a loan from a bank. Even bank didn't have any idea about illegal structure, otherwise it wouldn't have approved the mortgage loan. Isn't it? Now that the poor guy paid off all his life savings to the bank, and he has only one property.. court is not even facilitating in getting back the original price he paid.. forget about the market price.
 

Okara

Prime Minister (20k+ posts)
You have no idea about this case it seems.

It's a very complicated case.. The land ownership was transferred to a private party in 1957.. The land was 750 or so sq yrds. Later, 25/ 30% land was added and regularized by the authorities. Builder constructed the building on the leased land. The documents were not FALSE.. they were original, issued by the authorities.
If everything was legal then why SCP order to demolish structure on this land?
 

HIDDEN

Minister (2k+ posts)
Lesson learned do some investigation before buying a property especially in Pakistan and if you bought after all investigations and yet found stolen property then thanks to Allah that you are robbed by a Muslim not a non-Muslim. Lets assume, If I moved back to Pakistan will love to live in a rental property rather own it as I know there are more chances there will be litigation.
Lol.. you mean hire private investigators?

I thought a legal lease document, issued and verified by the relevant authority is enough..
 

HIDDEN

Minister (2k+ posts)
If everything was legal then why SCP order to demolish structure on this land?
Because the lease included encroached land, and buyers didn't have any idea about that. How would you know that the land is illegal when you have the lease document, that is fully validated by the authorities? You have any other way, please let me know..

Anyway, I am selling my own apartment in Karachi to bring the money back to overseas where I earned that money.. I can't trust any department or the courts in Pakistan. You can lose anything and everything in the matter of months. Good that everyday brings a news that opens eyes of people living overseas.
 

HIDDEN

Minister (2k+ posts)
If everything was legal then why SCP order to demolish structure on this land?
And SCP's order to demolish the structure is not wrong.. What is wrong is that SC didn't FULLY compensate the owners..

SC should have put the penalties on the departments who issued the lease and building permits, and gave that money to the owners so that they could have bought a place for themselves elsewhere.
 

Okara

Prime Minister (20k+ posts)
Firstly, the land was legally acquired from the society, who got the permission from the government authorities.

Secondly, I am not against the demolition of the building. It becomes an illegal structure if found even 10 years later. However, SC should have ceased the accounts of the authorities and compensated the owners.

Builder's case is different.. If it is proven he was involved in illegal occupation of the land, he should be fined and jailed.

Owners should be compensated on the market value. I know a couple of owners who bought the flats by getting a loan from a bank. Even bank didn't have any idea about illegal structure, otherwise it wouldn't have approved the mortgage loan. Isn't it? Now that the poor guy paid off all his life savings to the bank, and he has only one property.. court is not even facilitating in getting back the original price he paid.. forget about the market price.
Which authority's account should be ceased? Please mention the name.
Lets assume you bought a stolen car from me 10 years ago and was using this car for the last 10 years and then found the car was stolen. Why do you think government has to compensate you based on the market value of a stolen car? Yes you can sue me in the court to claim your money but if the car wasn't sold with my name but on a business name. If sold on a business name, you can sue business. Lets assume you proved your case in court, still you can't sue based on current market value rather what you paid.
So best is to digest your loss and learn from mistake as we all know Zardaris and Shareefs are corrupt but yet we can't prove them in the court if not used NAB laws where Zardaris and Shareefs have to provide proofs for asset beyond means.
 
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