KARACHI: SHC grants interim stay on lawsuit of CAA
KARACHI, Nov 13: The Sindh High Court on Monday, granting interim stay on lawsuit of Civil Aviation Authority for injunction in respect of an amenity plot in Clifton restrained the city district government Karachi from taking any coercive action against the plaintiff .
The CAA submitted in the lawsuit that the amenity plot bearing No ST-21, Clifton Block-5, measuring 39,347.21 square yards, was allotted in 1986 by defunct KDA for construction of squash complex.
Plaintiff counsel Faisal Kamal and Obaidur Rehman argued that the city government was asked to restore the suit plot to the plaintiff and issue payment challan for non-utilization fee for the agreed period in view of court order (Sept 17, 2002) but the defendant unlawfully allotted the plot to the US consulate.
They said that the act of defendant was also challenged by local residents and a school administration and adjudication was pending in the SHC.
They submitted that on Nov 7 the plaintiff received a letter from the city government in which it was informed that pursuant to SHC's order (Sept 19, 2002) the suit plot is purportedly restored and direction has been given to the plaintiff to submit the plan of squash court/park within one week failing which CDGK will be constrained to undertake development of park in the plot.
They contended that the defendant’s letter has been issued with mala fide intention to frustrate the terms of the order of the court.
The court was prayed to direct the defendant to perform their part of obligation in term of court order and complete all formalities for the conveyance and transfer of suit plot in the name of the plaintiff and restrain it from dispossessing the plaintiff from the plot.
SHC's single bench, comprising Justice Mushir Alam, after preliminary hearing of the case issued notice to the city government and in meantime restrained the defendant from taking any coercive action with regard to its letter against the plaintiff.—PPI
