KARACHI, Feb 2: Justice Gulzar Ahmed of the Sindh High Court ordered attachment of five partially demolished marriage lawns at Sabzazar, Sharea Faisal, and issued the city nazim a notice to explain on Feb 7 why the structures raised on the lawns were subjected to demolition despite court orders to the contrary.
Contractor Jawaid Malik claimed in a suit and interlocutory applications that he built the razed structures for the Karachi Water and Sewerage Board Officers Association and was recovering the cost by letting out the five lawns for marriage ceremonies. The KWSB wanted to oust him and he instituted legal proceedings against the board and the city district government, which wanted to resume the land comprised in the lawns. He had a number of stay orders granted in his favour.
Advocates Syed Sami Ahmed and Abul Inam submitted that the plaintiff was in lawful possession of the property in accordance with the court orders. He could not be deprived of his property by the defendant city district government or the KWSB. He had vested right in maintaining and running the lawns. They requested the court to appoint a receiver for the property and initiate contempt proceedings against the city government and the board.
Appearing for the KWSB, Advocate Abrar Hasan submitted that the plaintiff had no right to maintain a suit or any other legal proceedings. He claimed to be a contractor of the allottee KWSB Officers Association, which has not come forward to assert its right. The big plot was leased out to the association for setting up a club for board officers. It was never meant to be a commercial undertaking.
Additional Advocate-General M. Ahmed Pirzada said that the subject plot rightfully belonged to the KWSB and its parent organization, the city district government. It was for the lessor to approve or cancel a lease and specify the conditions. CDGK counsel Tahawar Khan said the commercial use of the prime land by the association or its contractor was a flagrant violation of the law and rules. Under the lease, it was intended for non-profit organization or club. The action was taken under a policy decision aimed at all unauthorized structures.
Advocate Shahid Jamil Khan of the Karachi Building Control Authority said according to the KBCA record, the demolished structures were raised in gross violation of the building rules and regulations. There was no sanctioned plan, no regularization and no permission for commercial use. The KBCA issued several notices but the contractor-in-possession invariably ignored them with impunity.
Halting further demolition, Justice Ahmed ordered that the disputed property would be taken over by the SHC official assignee pending litigation. The assignee would prepare an inventory and would also be empowered to post two private guards at the plaintiff’s expense. As for the contempt application, show cause notices were issued to the city nazim and several officers and officials of the city district government and the KWSB.
BILLBOARDS SAVED: The judge also passed a stay order against removal of billboards erected by M/s Sign Source, an outdoor advertising firm. In a suit filed through Advocate Navin Merchant, the plaintiff firm said the city district government was out to dismantle huge billboards and hoardings installed by it at various vantage points at a considerable cost after paying the rent and the dues.
The judge issued notices to the defendants for Feb 16 and restrained the CDGK in the meantime.
