KARACHI, Dec 19: A division bench of the Sindh High Court has restrained the KDA from demolishing a structure on an industrial- cum-residential plot in Ibrahim Hyderi and directed the parties concerned to maintain status quo while allowing the counsel for the KDA to file comments by Jan 1.

A constitutional petition challenging the KDA’s move to demolish structure over an industrial-cum-residential plot situated in Deh Dih, Tappo Ibrahim Hyderi, East, had come up for a further hearing before a division bench, comprising Justice Sabihuddin Ahmad and Justice S. Ali Aslam Jafri.

The two co-owners of the plot, Jamal Mohammad and Muhammad Ali, in their petition filed through their counsel K. M. Nadeem, stated that originally in 1992 an area of 20 acres was granted by the land utilization department to one Abdul Latif.

The land was subsequently converted to industrial-cum- residential purposes on 99 years lease and sub-divided into various survey numbers/plots, including one survey No 99. The petitioners had purchased land measuring four acres in 1995 from Abdul Latif for valuable consideration through a duly registered conveyance deed. The petitioner’s plot measuring four acres was subsequently renumbered as plot No.99/1 after due survey and demarcation by the survey superintendent, for which necessary formalities were completed and entry was also made in the record of rights.

The petitioners alleged that suddenly on Oct 8, 2001, some people from the anti-encroachment wing of the KDA came to demolish the boundary wall situated on the plot but the attempt was foiled. The petitioners first approached the director-general KDA with their written grievance also producing their title documents and on getting no response filed this petition.

K. M. Nadeem, counsel for the petitioner, referring to the parawise comments filed on behalf of the Board of Revenue pointed out that the BoR had come with the sole plea that the grant was in violation of law and stands cancelled by the Sindh Ordinance No III of 2001. Otherwise, the Board of Revenue Sindh had admitted the grant of 20 acres to the original owner, who was no longer in the picture, after having sold the land and due to lapse of time.

It was also the case of the petitioners that the KDA had no locus standi to demolish the structure situated on the plot granted by the Board of Revenue Sindh and lawfully acquired by the petitioners for valuation consideration.

Counsel Nadeem urged that such an action was in violation of the proprietary and possessory rights of the petitioners guaranteed by the constitution.

Mr Mozaffar Imam, counsel for the KDA, sought time to file parawise comments on behalf of the KDA. The court ordered the parties to maintain status quo and adjourned the petition to Jan 9.