KARACHI, Nov 13: The Sindh High Court restrained the City District Government Karachi and the police department from carrying out further construction on the allegedly unlawfully occupied building of the Tipu Sultan police station.

The order was passed by a division bench comprising Justices Sabihuddin Ahmed and Amir Muslim Hani on a petition moved by Syed Mahmood Ahmed and three others.

The petitioners said a commercial plot measuring 1,888 square yards and situated in the Karachi Cooperative Housing Societies Union was allotted to their mother in 1975. They were minor when their mother died and the police encroached upon the plot in 1990. A building was constructed for the Tipu Sultan police station on the plot. The building had a number of offices and rooms besides a lock-up. The petitioners said the plot was neither meant for residential nor for amenity purposes. It was commercial and could not be put to any use by anybody except the lawful allottee or her legal heirs.

When the bench asked the city government’s law officer whether the plot was officially acquired before housing a police station, it was informed that the record showed no such acquisition. Admitting the petition to regular hearing on December 12, the bench restrained the police and the city government from raising further construction on the disputed plot.

Meanwhile, the bench issued show-cause notices to the Karachi Building Control Authority’s deputy controllers for planning and design to show-cause on December 9 why should not they be proceeded against for contempt of court.

A petitioner, Harjeena Bai Trust, stated before the bench that it submitted a site plan for construction on its plot situated in Saddar.

The plan was submitted in 1995 but due to the KBCA inaction, it had to approach the high court in its constitutional jurisdiction for its approval. On September 6, the court finally gave the KBCA a month to take action on the plan in accordance with the law and rules. However, the plan still awaited an approval.

Following a contempt petition filed by the Trust, the KBCA deputy controllers appeared before the bench on Thursday. They informed the bench that while their departments had taken the requisite action, the plan still required no-objection certificates from the environment and utilities departments.

The bench observed that the KBCA was taking shelter behind technicalities to explain away its non-compliance with a court order. It asked the two officials to report compliance and tender unconditional apologies on December 9 or face contempt proceedings.