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KARACHI, Feb 22: A Sindh High Court division bench restrained a builder from creating third party interest in an apartment for which he is allegedly overcharging a purchaser.
Petitioner Ranji Sodho claimed that he booked an apartment in Maria Blessings Luxury Apartments, Gulzar-i-Hijri, in 1991 for Rs305,000 and a loan of Rs130,000. All payments were made as agreed but the builder refused to execute a sub-lease in his favour. He demanded Rs600,000 more for the apartment and threatened to cancel the agreement if he failed to pay the additional amount. He also alleged gross violation of building rules without the Karachi Building Control Authority taking any action.
A division bench comprising Justices Mushir Alam and Mohammad Afzal Soomro issued notices to the respondents and restrained the builder in the meantime.
LEW PROJECT: The bench also asked about 32 petitioners whose land has been acquired for the Lyari Expressway Project to produce their title deeds. The petitioners allege that their properties in PIB Colony were worth millions of rupees but the city district government was giving them only Rs50,000 and a small plot each as compensation. They submitted through Advocate Ghulam Qadir Jatoi that they should be compensated according to the prevailing market rates.
Another division bench comprising Justices Sarmad Jalal Osmany and Sain Allah Dino Metlo asked petitioner Chaudhri Inayatullah to submit lease or sub-lease documents in respect of the mosque and mazar sought to be shifted to make way for the expressway.
City district government counsel Manzoor Ahmed informed the bench that the government was prepared to allot an alternative site for the mosque and madressah and also pay the construction cost.
The bench earlier dismissed five petitions following the petitioners’ failure to produce any lease or sub-lease of the properties acquired for the expressway.
COOPERATIVE SOCIETY: A division bench restrained a cooperative society from creating third party interest in its property. Petitioner Syed Riazul Hasan Shah submitted that the shrine of his father-in-law, Baba Zaheen Shah Taji, at Mewa Shah, old Lyari, had unlawfully been occupied by a person claiming to be the Baba’s spiritual heir or Sajjada Nashin. The occupier, the petitioner alleged, had also taken over the cooperative society set up by Zaheen Shah in Scheme-33.
The petitioner submitted through Advocate Faiz H. Shah that he initiated action under Section 43 of the Cooperative Societies Act against the self-appointed management of the Zaheen Cooperative Housing Society but the directions issued in pursuance of the proceedings had not been complied with by the Cooperatives Department or registrar.
Adjourning the hearing to a date in office, the bench gave last chance to the Cooperatives Department to file comments, failing which costs would be imposed on the respondent. In the meantime, the cooperative society shall not create third party interest in its property.
