HYDERABAD, Oct 14: A division bench of the Sindh High Court, Hyderabad circuit, issued notices to the secretary, Culture, Tourism, Sports and Youth affairs, the secretary, Evacuee Property Trust (EPT), Lahore, and the general secretary, Ladies Club, Dr Mrs Khurshid Memon, on a constitutional petition filed by a construction company, M/S Shelter Housing and Construction Company, through its managing director, M Sharif Khan, which had purchased the ladies club for a multi-storey commercial complex, triggering a controversy among the social circles.

The bench comprised Mr Justice Shabbir Ahmed and Mr Justice Anwar Zaheer Jamali.

Lawyer Aijaz Ali Hakro appeared on behalf of the petitioner.

The petitioner’s company stated that it was a registered firm and was doing business regarding the development of lands, sale of plots, and construction of houses and bungalows.

It claimed that survey No142/2 was a Trust Nari Sabha, established in the city by Hindu Trustees in 1939, and subsequently it was made into a Ladies Club on Jan 14, 1939.

This was an Evacuee Property Trust (EPT), and the Federal Government constituted the EPT under section 3 of the Evacuee Property Trust Board Act XIII of 1975.

The petitioner said that the club was the tenant of the Board and paying rent at the rate of Rs1,105 per month.

The administrator, EPT, invited offers from Developers & Builders for development of the above EPT from the consortium of Consultants Developers, Contractors, and got the notice published in newspapers.

The petitioners claimed to have given the best offer for a complex consisting of shops, halls, etc.

The administrator after observing legal formalities accepted the petitioner’s offer and sent an intimation to the petitioner under letter No599 on February 26, 2000. After construction, the monthly rent was to be enhanced to Rs60,000 per month and the petitioner was to pay advance rent for five years instead of three years and the petitioner was also required to deposit Rs10 lacs with the EPT board as a token acceptance of the above terms.

The petitioner claimed that finally the EPT board entered into lease agreement with the company on June 6, 2000 in respect of the above properties and agreement, signed through the assistant administrator, EPT, on certain terms

— monthly lease money was fixed

after completion of construction at Rs60,000 per month, payment of non-refundable security through call deposits for Rs5 lacs, construction of project to begin after obtaining building plan, mutual agreement between the petitioner and the General Secretary Ladies Club for a portion of 7,659 square feet, etc.

The managing director of the company said that he had approached the General Secretary of the Ladies Club

for taking over the possession of the club but she did not cooperate and rather got the property in question declared as protected heritage under the Sindh Culture Heritage (Preservation Act of 1994) in collusion with the then commissioner, Hyderabad Division, adding that the secretary, Culture, Sports and Youth Affairs issued the notification dated July 7, 2000 in this context declaring the property as protected heritage.

He contested the notification by filing his objections saying that the above Act was in conflict with article 2A, 4, and 24 of the constitution.

The petitioner also sent a complaint to the federal Ombudsman about the issuance of notification by the Secretary Culture, Sports, and Youth Affairs.

The Ombudsman issued a notice to the administrator, EPT, who submitted his report before him.

The petitioner claimed that the ombudsman in his findings recommended that the above notification, issued by the Secretary Culture, had been obtained without approval of the Advisory Committee of the Government of Sindh; therefore, it was null and void, and his action amounted to maladministration/misconduct.

The Ombudsman, the petitioner claimed, recommended disciplinary action against the secretary, Culture.

The petitioner pointed out that according to the terms of the lease, he was paying a monthly rent to the administrator, EPT, and submitted a plan to the secretary, EPT, Lahore, so that it could be sanctioned from the HDA.

He said that the Sindh Government and the secretary, Culture, had illegally declared the property as Protected Heritage.