11 November 2004	Thursday	27 Ramazan 1425

KARACHI, Nov 10: The Sindh High Court asked the city nazim on Wednesday to look into the grievance of a petitioner in respect of a plot in PECHS and settle the matter within three months.

Petitioner Samiullah Jang maintained that he was a bona fide allottee in possession of a piece of land adjacent to Hill Park , PECHS, but has been issued an ejectment notice by the city district government. He requested the court to restrain the CDGK authorities from evicting him.

CDGK counsel Manzoor Ahmed said the plot in question was, in fact, part of Meraj Park, which fell within the Hill Park area. An amenity plot could not be allotted and the petitioner was a mere licensee. He could be evicted by the CDGK to restore the plot to its original use.

A division bench comprising Justices Anwar Zaheer Jamali and S. Ali Aslam Jafri observed that the dispute involved too many questions of fact to be decided in exercise of writ jurisdiction. It advised the petitioner to approach the city nazim, who was asked to settle his claim within three months.

KESC CENTRE: Another division bench comprising Justices Sarmad Jalal Osmany and Amir Hani Muslim adjourned further hearing of a petition challenging the establishment of a KESC complaints centre in a residential area of Block 'T' of North Nazimabad to Nov 24. Impleading the city government and the Karachi Building Control Authority as respondents besides the KESC, petitioner Iqbal Hasan submitted that the centre functioned on the footpath adjoining his house and violated his privacy. One of the windows of his house opened on the pavement.

Appearing for the KESC, Advocate Khalid Mahmood Siddiqui submitted that the corporation was a public utility and could open its complaints centre in a residential area for the benefit and convenience of consumers.

SHIP RESTRAINED: Justice Ataur Rahman, meanwhile, restrained a Japanese-registered ship, Hyundai Highways, from leaving the Karachi port till further orders. Appearing for a Faisalabad exporter, Advocate Nisar A. Mujahid submitted that the ship was owned by the Japanese firm 'NYK'. It not only failed to deliver the plaintiff's consignment to the consignee but also had it auctioned at less than the market value. His client suffered a big loss on account of the ship's wrongful act.

Meanwhile, MV Hyundai Splinter, another ship belonging to the same firm, failed to furnish a bank guarantee by Wednesday as asked by the court. It was also restrained from leaving the port for similar allegations made by the same plaintiff.