HYDERABAD: Court orders halt to construction : Mobile market
By Our Correspondent
HYDERABAD, Nov 15: The Sindh High Court, Hyderabad, Circuit Bench appointed Additional Registrar as Commissioner to inspect site of a proposed mobile market in the Cantonment Area, and restrain builder Mohammad Haneef Memon from raising construction on his project.
The order was passed, on Thursday, following constitutional petition filed by two residents - Nisar Ahmed and Rafiq Ahmed claiming their privacy and right of way being infringed. Petitioners filed the application in Urdu which was converted into a constitutional petition in May, and fixed for June.
Petitioners’ grievance was against the approval of building plan of Karim Classic Mobile Market being built on Survey no. 54, Plot no. 44 and 44/B between Tayyab Complex and the SRTC Complex.
They said mobile market was in contravention of rules as it was infringing the right of way of petitioners as there was only four feet road left in front of the building.
The building plan was approved by the Cantonment Board Hyderabad (CBH), on condition the property was outside the notified area, and an NOC by the Military Estate Officer (MEO) was issued on July 28, 2007, they said.
One Karim Ali Niazi submitted documents to the CBH for an illegal building plan. They said they seriously object to construction of plaza as it would affect around 200 families, including women and children, they stated.
Ventilation of petitioners’ houses will be blocked and the direction of windows will violate the sanctity of ‘chaddar and chardewari’, they argued adding the area was already a densely populated, making difficult for people to move.
According to petitioners’ case the Tayyab Complex Shopping Centre, the SRTC Plaza and Shopping Centre, Sun View Apartments and Shopping Centre, Chandni Shopping Mall and Apartments, Cantonment, Shelter, Sakhi Wahab, AL-Rehman and Bhurgari shopping centres are all located here.
They said if this plaza was allowed to be constructed then civic life will be completely paralysed. They said traffic remains blocked daily, while drainage problem makes it difficult for people to keep their clothes clean.
The plaza was adjacent to the Tayyab Complex, petitioners said and added: “The CBH Station commander must be asked as to how this building plan can be approved when there is no space for a plaza”.
Loun Jan, Legal Assistant of the CBH refuted allegations of petitioners and contended the disputed plot was within commercial area and bye laws have not been infringed when building plan was approved. The court said in the light of above controversy, parties agreed to inspection of site.
Justice Mrs Qaiser Iqbal appointed the Additional Registrar, Sindh High Court, Hyderabad, Circuit Bench to submit report on the measurement of road available in front of petitioners’ building and evaluate whether rights of way and ventilation being infringed on account of proposed building. The court sought report of allotment of proposed shops and names of proposed purchasers to whom third party interest would be created.
The court said directives should be complied within two days of serving notice to all parties. The matter was adjourned till November 27.
