KARACHI, Dec 3: The Sindh High Court on Tuesday directed the Defence Housing Authority to place on record the original lease of DHA Phase VIII where projects of Creek Developers were earlier stopped by the SHC.
An SHC bench comprising Justice Muhammad Shafi Siddiqui was seized with the hearing of a lawsuit filed by a DHA resident against the projects on amenity plots allocated for park, graveyard, school and sewerage treatment plant on Khayaban-i-Shaheen in Phase VIII.
Earlier, the SHC had stopped the projects — Creek Terraces & Creek View and Creek City — until the DHA proved that the land was not earmarked for amenity purposes.
The lawsuit was filed by Zahidullah Khan, who impleaded the DHA, Creek developers, BF Property and Construction and the AKD Capital Limited as defendants.The plaintiff, represented by Advocate Salahuddin Ahmed, stated in his suit that out of 43 acres, 25 acres were given to Creek Terraces and 18 acres to Creek View.
He said that original master plan of the same land, issued by the DHA, showed amenity plots for a park, schools, sewerage treatment plant and a graveyard.
The plaintiff said that the amenity plots designed for the benefit and use of the general public could not be used for any other purpose, nor could they be sold, allotted or transferred to any private persons under the main lease issued to the DHA.
His counsel contended that the land where projects were launched was actually amenity plots as per the Master Layout Plan but the DHA illegally granted permission to the defendants Creek Developers, BF Property and Construction Pakistan and AKD Capital Ltd to launch their projects without permission from the federal government.
Advocate Ahmed filed an application on behalf of the plaintiff asking the court to direct the DHA to submit certain documents, including original lease pact dated Nov 11, 1975 executed in favour of the DHA by the then president of Pakistan and original master plan of 1975, which showed original planning of Phase VIII DHA with all modifications and alterations.
He said that the original lease of the impugned land was not placed on record.
The DHA counsel informed the court that no master plan of Phase VIII was available at all apart from the three layout plans already placed on the court record.
He stated that only lease of Phase VIII was available and all planning were made subsequent to the lease.
The court directed the DHA to place on record the original lease of DHA Phase VIII, particularly lease of plots where the DHA was alleged to have launched two projects.
PSO restrained from awarding contract
A division bench comprising Justices Faisal Arab and Shoukat Ali Memon restrained the Pakistan State Oil from entering into a contract with any party for lifting oil products.
The interim order came on a constitutional petition of the Pakistan National Shipping Corporation against the PSO over the haulage of the national oil cargo.
The bench directed the PSO not to enter into a freight contract till Dec 11 when the court would take up the matter again.
The petitioner’s counsel submitted that the PNSC and PSO entered into an affreightment contract for the haulage of oil products on Oct 5 in pursuance of the federal government’s policy and the corporation had lifted so far around 7 million tonnes of oil products.
He stated that the PSO, contrary to the government’s policy, floated an international tender on Nov 17 inviting bids for haulage of the national oil cargo against the federal government’s policy.
The petitioner asked the court to restrain the PSO from awarding contract for haulage of oil products to any firm.