KARACHI: SHC orders demolition of shops on Tariq Road
By Our Staff Reporter
KARACHI, March 3: The Sindh High Court ordered on Friday demolition of violative shops in a Tariq Road plaza on March 11 and asked the town police officer to provide adequate assistance to the Karachi Building Control Authority to ensure compliance.
A petition against a demolition notice served by the KBCA was moved by Mohammad Asif Shafi and another builder in the high court. The petitioners were granted interim injunction in their favour and a notice was issued to the respondent KBCA.
The authority submitted in its comments that the plaza, Shaikh Arcade, constructed on plot number 172-E, Block 2, PECHS, on main Tariq Road was grossly violative of the building rules and regulations and the approved plan. Shops had been built in the basement reserved for parking. On the first floor, the passage which was to be left uncovered was also included in the covered area.
The court modified its stay order and allowed the KBCA to proceed in accordance with the law and submit a report to it. As the petition came up for hearing on Friday, KBCA counsel Shahid Jamil Khan informed a division bench, comprising Justices Sye Zawwar Hussain Jaffery and Maqbool Baqar, that the basement had been cleared of shops and the parking lot had been restored by its demolition squad.
However, the counsel, submitted that the first floor shops were occupied and demolition was likely to be resisted by the occupants. The shops must first be evacuated, which was not possible without police assistance.
The bench ordered that the KBCA would commence its demolition operation at 11 am on March 11. The Jamshed Town police officer would form a contingent, headed by him to ensure compliance. Contempt proceedings would be initiated for any violation of the order.
Meanwhile, the bench asked the anti-corruption establishment to conduct its inquiry against a violative residential structure without harassing the owner or builder involved.
Ms Nasima Bano complained that she was building a house on her plots B-78 and B-79 in Gulshan-i-Faisal, old Clifton. The construction deviated from the approved plan without grossly violating the basic design. However, the minor violations were regularized by the KBCA in accordance with the law.
The petitioner contended that a city government officer who resided an adjacent building wanted her punished and the regularization process undone. He had lodged a complaint with the anti-corruption establishment, which was ‘harassing’ her at the influential officer’s behest.
The petition was disposed of with the direction that the anti-corruption inquiry would be conducted without harassing the petitioner.
Hearing put off: The Sindh High Court adjourned the hearing of a petition moved by former federal minister Asif Ali Zardari for quashment of Mir Murtaza Bhutto murder case being tried against him by a sessions court.
The petition came up before Justice Mohammad Moosa K Leghari but no counsel was in attendance to represent the respondents. Advocate Azizullah K Sheikh was present for the petitioner, but the court adjourned the hearing to March 8 in the interest of justice.
Mr Zardari, husband of former prime minister Benazir Bhutto, and other accused, most of them police officers, are charged with criminal conspiracy to kill Mir Murtaza with seven activists of his PPP (Shaheed Bhutto) on Sept 20, 1996, near his Clifton residence.
The quashment petition was moved after dismissal of an identical plea by the trial court on Nov 26, 2005. The petitioner says that that there is no evidence and particulars of criminal conspiracy alleged against him by the prosecution. The prosecution witnesses examined so far by the trial court had made no deposition in this respect, he said.
Notice issued: The Sindh High Court on Friday issued notice to the federal interior ministry for March 15 in a petition moved by a newly-enrolled advocate against inclusion of his name in the exit control list.
Farrukh Niaz stated through Advocate Shaukat Hayat that the Federal Investigation Agency placed his name on ECL without issuing any show cause notice to him and without mentioning any reason. His counsel said there was no case or inquiry pending against him. The petitioner wanted to go abroad for higher education, he stated.
The counsel argued that the travel ban imposed on the petitioner was an infringement of his fundamental right and requested the court to order deletion of his name from ECL.
An SHC division bench, comprising Chief Justice Sabihuddin Ahmed and Justice Sain Ali Dino Metlo, decided to issue the respondent ministry a notice.
