KARACHI, Sept 17: A division bench of the Sindh High Court, comprising Justice Sabihuddin Ahmed and Justice S.Ali Aslam Jafri, on Tuesday ordered attachment of immovable properties of the KDA wing of the city government.
The bench was hearing three identical constitutional petitions filed by Atif Builders, Punjabi Sodagar Town Corporation (Pvt) Ltd and Godhra Gulistan Cooperative Housing Society.
The petitioners, making the secretary for Housing and Town Planning, Sindh, the KDA and the Malir Development Authority, respondents moved the SHC seeking refund of earnest money deposited by them against allotment of land in Deh Taiser, KDA Scheme 45, Super Highway.
According to the petitioners, they paid earnest money of Rs1m, Rs2 million, and Rs4 million respectively for land measuring 50, 100 and 200 acres in response to an advertisement by the KDA titled “Golden Opportunity for Builders/ Developers”.
The applicants were required to develop small plots or build one unit houses in the scheme spreading over 15,000 acres with an aim of solving housing problems of the city.
The land was allotted to them but as no development activity was in place, they sought refund of their money.
When the petitions came up for hearing, the bench referred to a statement made by an additional advocate-general of Sindh on March 27, 2001 wherein the court was informed that the matter has been decided by the secretary for the HTP, and that the KDA was liable to refund the amount deposited by the petitioners.
The court expressed anguish over the fact that despite clear orders passed by it about eight months back, no refund was made. The court also took strong exception to a request for adjournment by the KDA’s counsel and held: “It is ridiculous on the part of KDA to usurp the money of citizens kept in trust and keep on refusing payment of acknowledged liability occurred more than 16 years ago.
“In the circumstances we have no other option but to direct Official Assignee of this court to attach the immovable properties of KDA wing of CDGK unless a cheque is deposited in this court within 30 days from today. In case of failure order of attachment shall become effective immediately and KDA would be further liable to pay compensation at a rate of 14 per cent per annum,” held the court while disposing of the petitions.
APPEAL: A division bench of the Sindh High Court, comprising Justice Ghulam Nabi Soomro and Justice Muhammad Afzal Soomro, on Wednesday dismissed the appeal of a convict in a kidnapping for ransom case with modification in his sentence.
Muhammad Kamran was sentenced to death on the charge of kidnapping a three-year-old boy, Bilal, for ransom by an anti-terrorism court on Oct 22, 2002. —APP/PPI
