KARACHI: Court notice to AMT, others on suit for damages
KARACHI, Feb 15: The Sindh High Court issued on Saturday notices to the Army Monitoring Cell, Pakistan Railways, Pakistan State Oil and others for March 12 on a suit filed by Mirza Asif Ali Baig, a petrol pump owner, for Rs3.68 million as compensation for depriving him of the opportunity to operate a petrol pump.
Nasir Maqsood, counsel for the plaintiff, submitted that a consolidated plot of the plaintiff and his brothers was leased out to the Pakistan State Oil through a registered lease deed on January 9, 1999. The PSO built a petrol pump on the site and entered into dealership with the plaintiff.
He stated that while running the business successfully, on March 8, 2000, without any notice, a police party on instructions from the Army Monitoring Cell raided the petrol pump in the absence of the plaintiff and sealed it without lawful justification.
An FIR was lodged wherein the plaintiff and his relations were accused of obtaining railway land through illegal means.
The counsel said later the PSO cancelled the dealership of the plaintiff on March 10, 2000, after which the railways entered into a dealership agreement with the PSO and the petrol pump was illegally handed over to the PSO on condition that the Pakistan Railways and the PSO would share the profits in the ratio of 80-20 per cent.
He said a petition was filed in the Sindh High Court against the sealing of the petrol pump and dispossession of the plaintiff. After the failure of the respondents to come with any evidence, the SHC passed an order on October 24, 2001, directing the defendants to hand over possession of the plot to the plaintiff within three weeks.
The counsel submitted that the action of the defendants caused huge pecuniary and non-pecuniary losses to his client which resulted in special and general damages in the sum of Rs3.68m.—PPI
