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KARACHI, Dec 9: The Sindh High Court on Tuesday reserved its judgment on a suit instituted by owners of 46 marriage halls/lawns for a declaration that they were legally constructed and had lawfully been plying their business and for a permanent injunction against the Karachi Building Control Authority.
The plaintiffs submitted through their counsel, Dr Farogh Nasim, that the (defunct) Karachi Development Authority passed a resolution allowing them to continue their business at their existing premises on payment of additional commercialization charges prescribed by it. The plaintiffs also sought regularization under the Sindh Regulation and Control (Use of Plots and Construction of Buildings) Ordinance, 2002, but no action was taken by the KBCA on their applications, the counsel submitted before Justice Ataur Rahman. The KBCA, he said, was out to reopen a past and closed chapter to generate funds.
KBCA counsel Shahid Jamil Khan argued that the KDA and the KBCA were distinct legal entities. The former was established by a presidential order in 1957 while the latter was set up under the Sindh Building Control Ordinance (SBCO), 1979. The KDA decisions or resolutions were not binding on the statutory authority.
Advocate Shahid Jamil produced a detailed tabulated statement showing that all but a couple of halls/ lawns were raised on residential plots. They were commercialized in violation of the provisions of the SBCO and the Karachi Building and Town-Planning Regulations. Most of them also contravened the mandatory building rules and covered the open space. Few had approved construction plans but almost all applied for regularization under the 2002 ordinance. Regularization was not, however, a right but a one- time concession allowed on certain conditions and on payment of fines and penalties.
Citing superior court judgments, the lawyer also submitted that land-use was to be determined by the lessor or the competent authority. Conversion was permissible but only if sanctioned by the competent civic agency authorized in this behalf. It could not be claimed as a matter of right. The suit was not maintainable in view of the superior court judgments, he argued.
PRIZE BONDS: A division bench of High Court of Sindh, comprising Justice Mohammed Roshan Essani and Justice Zia Pervez, on Tuesday disposed of a constitutional petition filed by the Prize Bond Dealers’ Association, adds APP.
Earlier, TPO Dr Sanaullah Abbasi and SHO Preedy in their counter-affidavits denied allegations of any harassment to the petitioner association. It was, however, maintained that following a newsitem in the local press about gambling in relation with the prize bonds, five persons were arrested by the Preedy police.
AAG Sarwar Khan, appearing for the state, assured the court that no harassment would be caused to the petitioners in excess of law.
The bench after this assurance by the state counsel disposed of the petition.
The petitioner maintained that they have 30,000 members in Karachi and about 100,000 all over Pakistan engaged in prize bond dealing.
The petitioner association, alleging their harassment at the hands of the police, prayed to the court to direct the law and finance ministries to make a legislation, legalising their business.
