September 15, 2006	Friday	Sha'aban 21, 1427

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ISLAMABAD, Sept 14: Sindh government’s ban on commercialisation of plots, except for those already commercialised on six important roads of Karachi, will remain intact as an application of the City District Government of Karachi, seeking suspension of the notification, was rejected by the Supreme Court of Pakistan on Thursday.

“We are satisfied that no case for grant of an interim injunction has been made out,” observed Chief Justice Iftikhar Muhammad Chaudhry while rejecting the City Government’s plea.

However, the main appeal against a Sindh High Court judgment in the matter will be heard and decided later.

The Sindh government, on July 1998, had issued the notification declaring that no plot/land other than those situated on six main arteries – Shahrah Pakistan, Sharea Faisal, University Road, Nazimabad Block ‘A’ Road, Rashid Minhas Road and Tariq Road — would be commercialised in any circumstances.

The notification also suggested that regularisation of illegal high-rise buildings would not be allowed in any circumstances. Besides regularisation of floors constructed in addition to those allowed in the approved plan was also banned on the grounds that the Karachi Building and Town Planning Regulations have no such provision.

Likewise, the notification said that a building plan on commercial, industrial and residential plots would be allowed strictly according to the plot ratio standards prescribed in the rules and regulations and not through resolutions of governing bodies of societies etc.

Three petitioners amalgamated four different plots in the Delhi Mercantile Muslim Cooperative Housing Society Limited Karachi into one, measuring 4,354 square yards, after seeking permission from the relevant authorities. The society also issued a no-objection certificate (NoC) for the commercialisation.

In the meantime, the Sindh government imposed a ban on conversion of plots on Sharea Faisal from residential to commercial.

The City District Government consented to convert the plot for commercial activity on enhanced rates and owners of the said plot had to approach the SHC against the enhanced rates, pleading that conversion should allowed on payment of fee that was applicable at the time of submission application on July 28, 1998.

The SHC allowed the petitioners to construct a commercial building on two out of the four amalgamated plots but disallowed conversion on remaining two plots on the grounds commercialisation was allowed on Sharea Faisal and these two plots were not located on this road.

Being aggrieved with the judgement, the city government came into appeal before the Supreme Court with a plea that the notification of Sindh Government, not having been published in the official gazette, had no force of law and the ban was of general nature.