KARACHI: SHC orders attachment of building in Saddar
By Shujaat Ali Khan
KARACHI, March 17: The Sindh High Court ordered attachment of a commercial building, restrained the utilities from sanctioning connections, directed the properties registrar not to execute any lease or sub-lease in respect of its shops and asked the builder to stop further construction.
A non-governmental organization moved a petition alleging that the market constructed on plots 13 and 14, MR-3, Market Quarters, Saddar, Karachi, violated the building rules and regulations and the Karachi Building Control Authority be ordered to demolish it.
The KBCA conceded that the building had been raised after unlawfully amalgamating two adjacent plots. The compulsory open space between the two plots had been covered. The authority had approved separate plans for the two plots. Loft has been converted into mezzanine floor and instead of godowns all the space has been utilised for shops.
The builder contested the averments and the court appointed its nazir to carry out an inspection. After inspecting the site, the nazir confirmed the allegations made in the petition.
As the petition came up for hearing before a division bench, comprising Justices Syed Zawwar Hussain Jaffery and Maqbool Baqar, on Friday the builder sought an adjournment to controvert the allegations. KBCA counsel Shahid Jamil Khan opposed adjournment as, he submitted, the builder only wanted to gain time to create third-party interest by selling shops. He requested for an interim restraint order pending the proceedings.
The bench adjourned further hearing to March 29, ordered attachment and restrained the civic agencies concerned.
NOTICE TO TPO: In a suit instituted by allottees of railway land, Justice Anwar Zaheer Jamali issued notices to the SHO Aziz Bhatti Shaheed and others to explain on March 20 why they should not be proceeded against for contempt. The court had passed an interim order in favour of plaintiff members of the Railway Housing Society.
Advocate Saify Ali Khan informed the court that land-grabbers were occupying the land and were not allowing the allottees to construct or raise walls on their plots and start construction of their houses. The police were aiding and abetting the illegal occupants.
BUSES ATTACHED: Justice Gulzar Ahmed ordered attachment of two vehicles involved in accidents. The legal heirs of accident victims instituted suits for damages against the owner and driver of buses through Advocates Nasir Maqsood and Amir Maqsood and requested the court to pass an interim injunction against the disposal of the vehicles involved. Their counsel submitted that the defendants might try to remove the vehicles from the court’s jurisdiction or dispose them of to frustrate any decree.
DEMOLITION OF SHRINE: The Sindh High Court Friday ordered status quo on a petition against demolition of a shrine and a mosque, coming in the route of Lyari Expressway project, and issued notice to National Highway Authority, DCO Karachi and others for March 31, add agencies.
The trustee of Jama Masjid Qadri andMadrassah Mazar, situated at plot 2195-A, 2195-B and 2195-C in PIB Colony, submitted that the officials had dinformed him that the shrine and the mosque would be demolished because of the construction of LEW.
His counsel Shaukat Sheikh submitted that the respondents had so many options to convert the road and save the shrine of Syed Kifayat Ali Shah Qadri and Qadri mosque.
The court was prayed to restrain the respondents from demolishing the shrine and the mosque and to direct them to change the design of the road.
SHC’s division bench, comprising Justice Syed Zawar Hussain Jaffery and Justice Maqbool Baqar, after preliminary hearing of the petition issuing notice to the respondents ordered status quo in the matter.
CONTEMPT PLEA: A division bench of High Court of Sindh (SHC), comprising Justice Ghulam Rabbani and Justice Zia Pervez, on Friday issued notice to the respondents for March 29 of a contempt application moved by former banker Rauf B Kadri.
The petitioner maintained that a bench of SHC allowed him to leave Pakistan for one month but even after a lapse of considerable time his name was still on ECL and that authorities are evading issuance of machine readable passport to him as his old passport had expired.
The bench after hearing the counsel for petitioner issued notices to the Interior Secretary, Director and Deputy Director of FIA, Immigration, Karachi and others.
Meanwhile, the hearing of a suit filed by the Dadabhoy Investment (Pvt) Ltd against cancellation of their bid and re-bidding was adjourned till Monday after Barrister Aziz A Munshi, counsel for the plaintiff, concluded arguments.
Munir A Malik, counsel for Privatization Commission, opening his side before bench, comprising Justice Gulzar Ahmed submitted that plaintiff was prolonging negotiations and the delay would have proved harmful to the plaintiff. This could not be allowed, he said. He was on his feet when the court time was over and further hearing was adjourned till Monday.
The plaintiff maintains that they were highest bidder of 51 per cent controlling shares of Javedan Cement after declaring them successful, Privatization Commissioner (PC) asked them to enhance the bid money.
The plaintiff was engaged in negotiations when the entire process was revoked and re-bidding was announced, he said, maintaining that action by the PC was inherently illegal and amounts to contempt of court as a bench of SHC had issued interim stay against any step towards privatization of the Javedan Cement.
