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| November 22, 2007 | Thursday | Ziqa’ad 11, 1428 |
KARACHI: NGOs fined for filing ‘frivolous’ petitions
KARACHI, Nov 21: Two more petitions containing unfounded allegations in respect of construction of buildings on two plots were dismissed by the Sindh High Court on Wednesday with costs amounting to Rs 50,000 each.
One non-governmental organization, Karachi Peace and Justice Society, alleged illegal construction on plot number A/87, Block 13-C, Gulshan-i-Iqbal, while another, Karachi Watch and Care Society, charged the owner of plot GR-W, 1/147, Ghulam Hussain Road, Garden West, with gross violations. The petitioners accused the Karachi Building Control Authority of inaction because of the illegal gratification paid to its officials.
The KBCA said in its reports that both the structures were raised in accordance with the construction designs sanctioned by it. Compulsory open space had been left uncovered and other regulations had been followed. There was no dereliction of duty or complicity on the part of its officials.
KBCA counsel Shahid Jamil Khan said in one case the petitioner was unable to accompany the court nazir to the construction site, though the court had ordered inspection at the request of the petitioner. He said baseless petitions wasted not only the court’s time but also distracted the KBCA from performance of its functions.
The petitioners tried to wriggle out of their baseless allegations by disappearing from the court. The bench, which consisted of Justices Munib Ahmed Khan and Abdur Rehman Farooq Pirzada, did not allow their counsel to withdraw the petitions and dismissed them with heavy costs. It warned of heavier costs if frivolous petitions were moved by the two organizations again.
The bench dismissed another petition against allotment of four adjacent plots to a Hindu temple adjacent to Bagh Ibne Qasim. The temple has recently been renovated by the city government and four adjoining plots were allotted to it for further expansion and development as desired by the Hindu Panchayat.
The petitioner, Shri Mahant Bawa Baboo, questioned the legal status of the Panchayat to act on behalf of the temple.
The petition was contested by the CDGK counsel, Manzoor Ahmed, who said his client should have been complimented for undertaking the renovation and development work but the petitioner seemed to have some dispute with the Panchayat, which should best be settled outside the court.
Another bench comprising Justice Mrs Yasmeen Abbasy and Mahmood Alam Rizvi took a serious view of the authorities’ failure to shift the Muslimabad hydrant despite a court order. It observed that the shifting was overdue and if the hydrant was not removed within a month the officials concerned would be dealt with strictly in accordance with the law of contempt. Advocate M.A. Baig appeared for petitioner-lawyer Syed Sami Ahmed, a resident of the neighborhood, who said the hydrant was both a public and private nuisance.
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