KARACHI, March 31: The Sindh High Court directed the anti-corruption establishment on Friday to return all the original files and documents seized from the Karachi Building Control Authority office within four weeks.
If the establishment fails to give back the KBCA record within the stipulated time, it would be proceeded against for contempt of court, a division bench comprising Justices Amir Hani Muslim and Maqbool Baqar ordered.
A deputy director of the ACE appeared before the bench as directed by it on Thursday.
He was asked under what authority of law the KBCA record was taken away and was being kept in custody. He replied that a first information report was lodged against a former KBCA controller Akhlaq Ahmed and the files were taken into possession in connection with investigation into the case.
The bench observed that the establishment was conducting an investigation against an individual and not against the KBCA and its record could not be seized indiscriminately. The KBCA could be asked to furnish copies of the documents required. The record would be delivered to the controller of buildings of the town concerned.
KBCA counsel Shahid Jamil Khan said about 900 files were in the establishment’s custody and the authority had no record or receipt. Its working had been paralysed it was unable even to file comments, reports and counter-affidavits in compliance with court orders.
The dispute between the authority and the establishment came to the fore in proceedings on a petition against an allegedly unauthorized structure in the Saddar Town. Citizens Welfare Society, a non-governmental organization, maintained that the structure raised on plot SB-7/89, Bohri Bazaar Quarters, Saddar, violated the approved plan and the building rules and regulations.
The construction record produced by the anti-corruption deputy director, however, revealed that the building by and large conformed to the approved plan. The building controller for Saddar Town verified the statement.
The bench dismissed the petition with costs amounting to Rs 10,000. Should the petitioner organization fail to pay the amount, contempt proceedings would be initiated against it.
KWSB: The Sindh High Court restrained the Karachi Water and Sewerage Board from appointing ‘field engineers (civil)’ in grade 17 and 18 till April 12. The order was passed by a division bench, comprising Chief Justice Sabihuddin Ahmed and Justice Mrs Qaiser Iqbal, on a petition moved by Imdad Magsi and 21 others. The petitioners said they were working in the KWSB as assistant executive engineers in grade 17 since 1994. The board recently advertised 36 vacancies each for contract employment in grade 18 and 17 as field engineers and deputy field engineers.
The petitioners said the direct new appointments would block their promotion as appointees would practically work as senior and junior executive engineers. The bench issued the KWSB a notice for April 12 and restrained it in the meanwhile.
NOTICES ISSUED: Justice Sajjad Ali Shah, meanwhile, issued notices to a builder and the city district government in a petition questioning transfer of a plot adjoining a residential complex in Al-Hilal Housing Society and construction of a building on it.
The residents of Al Hayat Square submitted through Advocates Saleemuzzaman Chaudhry and Arshad Iqbal that their building was constructed over a plot measuring 880 square yards. It had a plot measuring 333 square yards as adjunct to it. This plot too had been leased out to the Al-Hayat builder and plot owner in disregard of the rights of the square’s residents. They said the builder had already executed sub-leases in favour of residents and if at all the plot was to be transferred, it should be given to the resident’s as the owner’s successors.
Besides, the plaintiff said, the owner was constructing another plaza on the adjacent newly-acquired plot, which would obstruct access to Al Hayat Square and infringe the residents’ right to air and other easements.
NOTICE TO AIRLINE: Justice Anwar Zaheer Jamali issued a notice to the chairman of a private airline in a suit for damages instituted by a confirmed ticket holder. Retired commodore Sadeed Anwar alleged through Advocate Nisar A Mujahid that he purchased a ticket for travel from Islamabad to Karachi but was not allowed to board the flight because, according to the airline staff, it was ‘overbooked’. He and about 20 other passengers were provided inadequate lodging facilities and put on a flight the next day.
When he wrote to the airline office, he was informed by an official that there was nothing unusual about the incident as flights were ‘overbooked’ and passengers accommodated in subsequent flights normally. The plaintiff demanded Rs 10 million from the airline as damages for the anxiety and inconvenience caused to him.
BANK RESTRAINED: Justice Mushir Alam restrained a foreign commercial bank from taking any coercive action against the large buses financed under the urban transport scheme (UTS) till the next date of hearing.
Advocate Saalim Salam Ansari argued on behalf of plaintiff Rana Munir that the city district government is to grant six to nine per cent mark-up. However, the mark-up was refused and the KASB delivered 16 out of 25 buses even after a lapse of three years. As a result, the plaintiff could only pay Rs13,000,000 against the facility of Rs71,000,000. The default occurred due to the city government’s failure to pay the mark-up, the counsel contended.
