KARACHI: SHC rules out commercial use of amenity plot
By Shujaat Ali Khan
KARACHI, April 1: An amenity plot cannot be put to commercial use even after its conversion from public park to hospital, the Sindh High Court held on Friday. A suit was instituted by certain residents of Block 2, Pakistan Co-operative Housing Society (PECHS) and Shehri against use of a plot reserved for a park for construction of a hospital by Dr Maula Bukhsh Jamali (since deceased) and his legal heirs. The plaintiffs submitted through Advocate Mohammad Zahid Khan that amenity plots are allotted and maintained by the civic agency concerned free of cost. But the subject plot had been sold out and was in possession of a private individual.
The lawyer said that an amenity plot could not be converted from one amenity to another. A park is open to people in general while a hospital is meant for particular individuals on payment of fees. The Karachi Development Authority (since merged into the city district government) exceeded its power by allowing the conversion.
Disposing of the suit, Justice Munib Ahmed Khan observed that it appeared that the authorities concerned, the federal ministry of works and the KDA, were competent to grant permission at the relevant time in 1973. But the issue whether the hospital constructed on the amenity plot could function commercially remained to be answered. Referring to the federal works ministry’s letter of regularization of February 1995, he said the letter barred the plot use for any commercial purpose.
The plot, he said, would not, therefore, be run on commercial basis and would further affect welfare of residents of the area.
SINDH ALKALIS: Justice Mohammad Moosa K. Leghari, meanwhile, reserved his order on an application challenging the public auction held for sale of Sindh Alkalis, a public sector concern owned by the provincial government. The auction was ordered by the Sindh High Court and conducted by its official assignee on a petition moved by its worker-shareholders, who said their dues and profits were held up as share prices were going down and the machinery was depreciating.
Memon Abdul Kadir offered Rs 46,20,000 and Ibrahim Shamsi Rs 46,15,00,000 and the bid awarded to the former. Mr Shamsi challenged the bid proceedings in the Supreme Court and the SC remanded the matter to the SHC for rehearing. Justice Moosa heard all the parties concerned and reserved his order.
Representing the petitioner workers, Advocate Noor Naz Agha said both the bidders had become defaulters as they had failed to deposit the instalments under the bid. The earnest money deposited by them should be forfeited. She said the real issue was about 700 acres of land attached to the concern. The prospective purchasers offered to buy the concern and the attached land on the basis of ‘as is where is’. But when they found that the property was partially encumbered and legal proceedings were required to free it, they backed out.
BUILDING ATTACHED: A division bench comprising Justices Amir Hani Muslim and Maqbool Baqar, meanwhile, ordered attachment of a building constructed on plot SB-9, Block ‘K’, North Nazimabad.
An NGO complained through Advocate Abdul Jabbar Korai that shops have been constructed on a residential plot and an additional floor had been raised in violation of the approved plan. The SHC nazir confirmed the allegation after inspection of the site. The builder has submitted a regularization plan, which is still under consideration.
PROMOTION CASE: The Federal Service Tribunal directed the establishment and revenue divisions and the central selection board to consider the case of Javed Kazi, customs director of inspection and internal audit, from grade 20 to 21. The officer submitted that he entered the customs service in 1977 through the CSS exam and served for 27 years in positions ranging from assistant collector to collector. He was given awards in recognition of his meritorious work but was overlooked for promotion to grade 21 while his juniors were promoted.
An FST bench, comprising Qazi Mohammad Hussain Siddiqui and Rashid Ali Mirza, admitted the appeal and ordered that the appellant’s case be considered in the ensuing meeting of the promotion committee.
