15 January 2004	Thursday	22 Ziqa'ad 1424

KARACHI, Jan 14: The Sindh High Court dismissed as withdrawn on Wednesday a writ petition moved by the builders of a centrally-located highrise when it transpired in the course of proceedings that an appeal involving identical matters was pending before a district judge.

Advocate Islam Husain, counsel for the Midtown builders, maintained that the Karachi Building Control Authority had first withdrawn its no-objection certificate in 1988 and M/s PPB Corporation, the petitioner, had challenged the withdrawal and won a judgment in its favour from a civil court in 2003. However, an appeal against the judgment was still pending before the district judge (east).

The counsel also said the two plots on which the Midtown project had been raised were specifically meant for highrise plazas and were bought by the petitioner corporation on that understanding. There was no ban on highrises in the vicinity of the Quaid-i-Azam's mazar at the time. Subsequently, highrises were prohibited within a four-furlong radius of the mazar. The ban did not affect the project as it was situated outside the four-furlong radius.

It was only in 1991, the lawyer recalled, that the Sindh government notified the six-furlong limit, which could not operate retrospectively to deprive the petitioner and hundreds of individuals who had bought apartments, shops and offices in the project and invested over Rs 80 million in it. It was in view of these considerations that a Senate sub-committee had recommended exemption for the project. The sub-committee had proposed that highrise building plans approved prior to the imposition of half-mile and six-furlong limits should be reconsidered on a case-to-case basis.

Advocate Shahid Jamil Khan, the KBCA counsel, submitted that the authority had been warning the builders from time to time but they nonchalantly ignored the warnings and created third party interests. The KBCA was not oblivious to the plight of innocent purchasers, but the law had to take its course. A solution had to be found within the bounds of law, he submitted.

Without going into the merits of the case, a division bench, comprising Justices Sabihuddin Ahmed and Zia Perwez, disposed of the petition in view of the pendency of identical matter in a subordinate court.

COMMENTS SOUGHT: A division bench of Sindh High Court, comprising Justice Anwar Zaheer Jamali and Justice Syed Ali Aslam Jaffery, on Wednesday directed the CID officials, TPO Nazimabad and others to file comments on petitions challenging detention of the leaders of a banned religious organization, Khudamul Islam, adds PPI.

The petitions were moved by Ms Nagina and Jamila who alleged that their spouses Mohammad Aslam and Hassan Ahmed, leaders of the banned religious outfit, were picked up by the law-enforcement agencies from their houses in Kausar Niazi Colony in North Nazimabad on Dec 30.

When the matter was taken up, SHO North Nazimabad Karachi and In charge police post Hyderi filed written comments denying detention of detainees. The SHO stated that neither the detainees were arrested, nor detained by them.

The CID officials, TPO North Nazimabad, DIG Investigation and others were directed by court to file comments on the next date of hearing which was fixed for Jan 16.

Petitioners' counsel Maqboolur Rehman submitted that the law enforcement agencies arrested the detainees illegally without any charge. He stated neither any case was registered against them, nor they were produced before any court. He prayed the court to direct the respondents to produce the detainees before court and ordered to produce record if present against them in respect of any offence.