KARACHI: Status quo ordered in Sabzimandi allottees’ case
By Our Staff Reporter
KARACHI, April 26: Sindh High Court on Friday asked fruit merchants, commission agents and the market committee of the new fruit and vegetable market (New Sabzimandi) on Super Highway to maintain status quo in their dispute over the allotment and possession of plots pending adjudication of their conflicting claims. The plaintiff fruit merchants had claimed that they were rightful allottees of the plots measuring 600 square yards each but were given possession of only 300 square yard-plots on payment of half of the price. However, it was mutually agreed that the remaining halves of the plots would be handed over on payment of the balance money. Illegalities and irregularities soon gained momentum in allotment of the plots as their market prices started going up. The multiple litigation went up to the Supreme Court which deputed the provincial ombudsman to look into the matter.
The ombudsman had submitted his report in June 2000 and pointed out that there was no approved plan for the sabzimandi; there were cases of double allotments leading to litigation; areas earmarked for roads and parks were also leased out; allotments were at times made in disregard of the size of plots; and kickbacks were accepted to favour new applicants.
The plaintiffs alleged that when they started raising pucca structures on the plots allotted to them, the market committee officials demanded extra payments as illegal gratification.
The SHC Nazir visited the site in January 2003 and endorsed the plaintiffs’ grievance that they were being forcibly dispossessed and their merchandise being seized.
The plaintiffs claimed a sum of Rs5 million by way of damages for losses suffered by them and a permanent injunction against the market committee to restrain it from dispossessing them.
After hearing Advocate Mohammad Nawaz Shaikh in favour of the plaintiffs, Justice Zahid Kurban Alavi ordered both sides to maintain status quo pending the disposal of the suit.
In another suit, instituted by Syed Ali Gohar Shah, son of Pir Mardan Shah of Pagara, the judge issued notices to the Sindh Utilization Department, revenue officials and private defendants. He asked them to maintain status quo pending hearing of the plaint. The plaintiff claimed that he had purchased 2,738 square yard land in KDA Scheme 33, Deh Safooran, Taluka Malir, from a builder/developer in 1992. The land remained in his peaceful possession until recently when on the basis of ‘fabricated’ documents, some officials and private individuals, who wanted to set up a CNG station on his plot, sought its vacation.
The plaintiff sought a declaration in his favour and a permanent injunction against the defendants.
