May 23, 2008	Friday	Jamadi-ul-Awwal 17, 1429

KARACHI, May 22: A division bench of the Sindh High Court on Thursday allowed the National Highways Authority to resume the construction of the halted Karachi Northern bypass flyover on the 1,380.5 square yards of the Paracha Textile Mills after the completion of the acquisition process.

The division bench comprising acting Chief Justice Azizullah M. Memon and Justice Khalid Ali Z. Kazi disposed of the petition filed by the Paracha Textile Mills seeking compensation for the land occupied by the NHA for the construction of the northern bypass flyover.

The bench directed the land-acquisition officer to complete the acquisition process of the piece of land within 120 days.

The SHC order came after the submission of a joint statement of the petitioner and the respondent’s counsel stating that the petitioner received Rs40 million and Rs23.2 million in the shape of cheques for compensation and the land, respectively.

The Paracha Textile Mills moved the SHC against the NHA for illegally acquiring its land at A-22, SITE, Mauripur Road, for the construction of the flyover without paying the price of the land. The SHC had earlier granted status quo to the petitioner against demolition of structure by the NHA on the land.

Ismat Mehdi appeared for the petitioner and Nisar A. Mujahid for the NHA.



KBCA negligence case

The division bench also summoned the chief controller of the Karachi Building Control Authority in person and expressed their annoyance over the negligence of KBCA officials in performing their duties.

The division bench was hearing a land matter filed by Iqbal Dada against encroachments and illegal constructions on his land on TL-2, Thilaram Quarters.

The petitioner submitted that land-grabbers had encroached on his land in Thilaram Quarters by raising illegal constructions on an open space of the land. Despite several complaints to the KBCA, no action had been taken against encroachers.

He stated that the KBCA had not only the power to approve plans for constructions but it was also responsible for taking actions against land-grabbers and encroachers under the Sindh Building Control Ordinance 1979. He raised grievances over non-performing of duties by KBCA officials.

The division bench expressed annoyance at the KBCA and summoned its chief in person. It adjourned matter till a date in office.

Karo-kari case

The division bench issued notices to the Sindh home secretary, the SHO of Thatta police station and others for June 11 in a case pertaining to protection of a newly wed couple, declared Karo-kari by their parents.

Petitioner Asma and her husband Mohammad Rizwan approached the SHC to seek protection from being made victim of honour killing. Counsel Jawed Chhattari and Farah Awan submitted that their clients had solemnized a free-will marriage and without any pressure and coercion.

Petitioner Asma’s father, Moula Bux, had lodged an FIR (53/2008 under Section 365-B, 34/506 (2) of the Pakistan Penal Code) at the Gharo police station, accusing Mohammad Rizwan and his family members of kidnapping his daughter.

They contended that the petitioners’ parents had declared them Karo-kari and tried to kill them while police were also harassing them. They sought protection for the petitioners and quashment of the FIR lodged against them.

The division bench, comprising acting Chief Justice Azizullah M. Memon and Justice Khalid Ali Z. Kazi, after hearing the matter issued notices to the respondents, including the petitioner’s father, for June 11.—PPI