KARACHI: SHC asks parties to file affidavits, rejoinders in lawns case
By Shujaat Ali Khan
KARACHI, Feb 7: The Sindh High Court asked the parties to file counter-affidavits and rejoinders in the Sabzazar Lawns case and fixed Feb 23 for arguments.
A number of city district government and Karachi Water and Sewerage Board officials appeared in response to the show cause notice for contempt and Advocates Syed Sami Ahmed and Abul Inam, counsel for the plaintiff, requested the court to proceed with the matter. The respondents denied the allegations in their replies to the notice.
Plaintiff Jawed Malik’s application for injunction and resumption of business at the partially demolished lawn and were also adjourned to Feb 23.
The SHC official assignee informed Justice Gulzar Ahmed, who passed the attachment order on the previous date that the 25,000-square-yard disputed plot and plot on Sharea Faisal had been attached and 15 private guards posted there at the plaintiff’s expense as allowed by the court.
Karachi Building Control Authority counsel Shahid Jamil Khan, who filed a counter-affidavit on behalf of the authority, informed the court that parts of the demolished premises were perilously hanging and posed a threat to human life. Even passers-by may be hit. The court asked him to move a formal application in this behalf.
The city district government and the KWSB, represented by Advocates Manzoor Ahmed, Abrar Hasan and Karim Khan, said the plaintiff had no legal status to maintain a suit or a petition. He was given contract to build and run commercial concerns on an amenity plot, which did not belong to the lessor, the KWSB Officers Association. The land was and is the property of the board and no association could lawfully lease it out to any person for any purpose.
The KBCA said all structures raised on the plot were unauthorized and illegal. No approval whatsoever had been granted by the authority nor was any sanction sought by the owner, the KWSB. The unlawfully-raised structures were even otherwise violative of the building rules and regulations. The plaintiff contractor ignored KBCA notices with impunity and it had no option but to act in accordance with the law.
NOTICE ISSUED: The Sindh High Court issued notices to the provincial and city government in a petition challenging award of contract for recovery of road service maintenance charges on the road linking the Super and National highways.
Petitioner bidder submitted through Advocate Shakeel Ahmed that reserved bid for the contract was fixed at Rs 26.8 million and the bidders were required to pay 10 per cent of the amount as security. The bidding was to be held on Jan 23, which was a holiday. The petitioner obtained a pay order on Jan 24 but was told that a bid for Rs 33.1 million being the highest bid had been accepted. He said he was prepared to offer 34 million but was not allowed to do so.
A division bench, comprising Justices Maqbool Baqar and Faisal Arab, issued notices to the respondents for Feb 14.
KESC case: The Sindh High Court on Tuesday adjourned the hearing of a petition filed against sale of Karachi Electricity Supply Corporation, issuing fresh intimation notice to the cabinet secretary, adds PPI.
The next hearing of the case has been fixed for March 7 by SHC’s division bench, comprising Justice Anwar Zaheer Jamali and Justice Mohammad Athar Saeed, with the consent of counsel of both petitioners and respondents.
The court observed that the matter would be finally heard at stage of Katcha Peshi along with pending applications.
The privatization of KESC was challenged by KESC labour union, Ziaur Rehman, Hakimuddin and Shabbir Hussain Malik contending that the privatization was being carried out without prior approval of CCI and without its supervision and control, in violation of article 154 of the Constitution.
The labour union contended that the Privatization Commission kept in the dark about exact terms and conditions regarding sale of KESC to reconstituted Hasan Associates and prayed the court to decide fairness and rationality of the PC’s action in privatization process of the KESC.
Petitioner termed bidding process collusive and non-transparent, and said unless the petition is granted, it will defeat public interest and 20,000 employees of KESC would be seriously prejudiced and would suffer hardship.
However, the PC said privatization process of KESC has not been conducted under any veil of secrecy and all major stakeholders in KESC were consulted and kept abreast of all major development at Every stage.
