KARACHI: SHC orders halt to construction near varsities
By Our Staff Reporter
KARACHI, Nov 3: The Sindh High Court told a builder and developer on Monday to suspend all construction activity on and transactions in respect of a residential project near the Karachi and NED university campuses for alleged encroachment on government land.
The interim order was passed by Justice Shabbir Ahmed on an application moved by the Sindh government through Additional Advocate-General M. Ahmad Pirzada. The government was impleaded as a defendant in a suit instituted by S. Z. Maniar, the leaseholder of 15 acres of land at Naclass 70, Deh Gujhro, Sectors 13-A 13-B, KDA Scheme 33 (Gulistan-i-Jauhar).
The suit maintained that the leaseholder executed a power of attorney in favour of Rufi Builders for development of the housing scheme, which was projected to consist of town houses, apartments and shops, etc,
strictly in accordance with the law and rules.
The attorney, according to the suit, was, however, encroaching on the land earmarked for a 100-foot wide road and a nullah in the scheme. The leaseholder, the suit said, would ultimately be held responsible for the violations being committed by the builder and developer. Citing the provincial government as one of the co-defendants, the plaintiff lessee sought an injunction against the builder.
AAG Pirzada filed an affidavit on behalf of the defendant Sindh government, saying that the lease was cancelled under Ordinance III of 2001. The allottees have challenged the cancellation and their plaints in this behalf are pending in the high court. The court has ordered the parties to maintain status quo pending adjudication of the suits.
According to the affidavit, the layout plan of the housing project was cancelled by the KDA earlier in 1997. The builder was carrying out construction on the basis of the cancelled plan.
The government land was not only being encroached upon but was also being disposed of in favour of third parties, it alleged.
For facts and reasons disclosed in the affidavit, the government sought a restraint order against the builder in its application. Issuing notices to the plaintiff and other defendants for a date in office, Justice Ahmed barred the parties from changing ‘the position of the suit property as it existed today’.
TASMAN SPIRIT: Justice Ataur Rahman, meanwhile, issued notices for Nov 7 to the owners of grounded ship Tasman Spirit and Endeavour-II and the insurers of their oil consignment in an application moved by the Karachi Port Trust for the removal of the tanker’s wreckage. The application was moved in a pending suit instituted by seven insurance companies against the two vessels and their owners for the recovery of Rs883,296,000 in damages for the loss suffered by them due to the alleged negligence of the defendants.
The KPT submitted in its application that it was responsible for keeping the port navigable. The wreckage had not been removed by the owners so far. It was precariously poised and continued to threaten smooth operations of the port. Further disintegration might block access to the port altogether. The KPT was entitled to removing the wreckage at the cost of the owners. If the wreckage was moved to a safer place within the court’s jurisdiction, it could be sold to recover the cost.
The ships are under arrest in pursuance of a court order in the admiralty suit moved by the seven insurance companies. The hearing has been completed and Justice Rahman has reserved his order on the suit.
REMANDED: Justice Shabbir Ahmed of the Sindh High Court, who is also administrative judge of the Anti-Terrorism Courts in Karachi, on Monday remanded three accused till Nov 10 for their alleged involvement in a kidnapping for ransom case, add PPI.
The Anti-Violent Crime Cell Karachi on Monday produced accused Rustam, Asif Hussain Junejo and Salahudin Junejo before the court and requested police remand.
Police said the accused kidnapped Syed Raza Abbas from Darakhshan area Karachi on Aug 30 and demanded Rs100 million for his release. Later, they released him after getting Rs7 million as ransom on Oct 21.
Rustum was arrested earlier by police and during investigation he named Asif Hussain Junejo and Salahuddin Junejo as co-accused. who are said to be sons of the SSP (crimes) Hyderabad and the district Nazim of Sanghar respectively.
