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KARACHI, Oct 21: The Sindh High Court restrained a cantonment board on Friday from recovering property tax imposed by it on the immovable properties owned by the Karachi Water and Sewerage Board in its territorial jurisdiction.
Advocate Abrar Hasan argued on behalf of the KWSB that the Cantonment Act, 1924, barred the Faisal Cantonment Board from levying property tax on the water board’s property. He said properties used and maintained for public purposes and also those owned by the provincial or federal government were exempted from property tax.
The KWSB, he said, was a public utility and was not, therefore, liable to pay tax on its immovable assets. Despite this clear-cut provision, he contended, the Faisal Cantonment Board had demanded millions of rupees from the KWSB. The water board was not a commercial organization run for profit and any tax on its property would ultimately be borne by the public.
Besides, Advocate Hasan submitted, the assessment of tax liability had been done in a bland manner without calculating the properties’ worth in accordance with the formula provided by the property tax act.
He requested the court to set aside the cantonment board demand notice as illegal and of no legal effect. In the meanwhile, pending the proceedings, the board should be restrained from recovering the tax.
Admitting the petition to regular hearing, a division bench, comprising Justices Mushir Alam and Syed Zawwar Hussain Jaffery, issued a notice to the respondent board and barred it from recovering the impugned tax in the meantime.
ORDER RESERVED: The bench, meanwhile, reserved its order on a petition moved by Javed Karim Dad and Abdul Wahid of Khushhal Pakistan Group against recounting and revision of the election results of union council six, Mauripur, Keamari Town. The petitioners said they were duly declared elected nazim and deputy nazim on Aug 18 but the results were revised at the behest of their opponents and Allah Bux and Faiz Mohammad of Awam Dost Group were notified as successful candidates by the returning officer on Aug 23.
RO Tahira Mohsin submitted in her comments that she only rectified an error which had crept into the election results due to pressure of work. As RO, she said, she was empowered to revise, review and recall her order under the Sindh Local Government Ordinance and Section 21 of the General Clauses Act.
The bench reserved its order after hearing Advocates Ziaul Haq Makhdoom and Saify Ali Khan for the two parties.
MINOR EXAMINED: Justice Rehmat Husain Jafri, meanwhile, allowed Aleem Ahmed Siddiqui, a minor victim of electric shock, to depose about the occurrence that led to loss of his arm and fingers. The minor has sued the Karachi Electricity Supply Company for Rs 23.8 million in damages through Advocate Nasir Maqsood.
He testified that he touched an open pillar box and live wire installed by the KESC at Clayton Quarters, in pursuit of a butterfly. He received severe burns and his right arm had to be amputated, he said.
