HYDERABAD: The Sindh High Court (SHC) issued a stay against a commercial mall on Thursday as the Hyderabad circuit bench ordered M/s Star Builders and Developers of Eeman Shopping Mall not to hand over possession of the commercial property.
“...No third party interest shall be created on any part of the mall and that no possession of any part of the building shall be handed over to anyone,” the bench, comprising Justice Muhammad Shafi Siddiqui and Justice Muhammad Faisal Kamal Alam, said.
The court warned that a violation of the order would be interpreted as contempt of court and the alleged contemnors would be taken to task. The mall, whose structure has already been raised on a 1,110-square-yard plot, is being built in Latifabad-3 on Autobahn Road.
During the hearing, builder’s counsel advocate Jagdesh R. Mulani shared documents to support his contention for the conversion. However, the bench pointed out that the lawyer totally relied upon an alleged letter of conversion which was issued by the Hyderabad Development Authority (HDA).
“When inquired as to under what regulation this plot was converted into a commercial [one], the counsel was unable to satisfy on the basis of any rules, bye-laws or regulations,” the bench observed. The court heard advocate Mulani for over half an hour, but his arguments and submission failed to satisfy the bench.
“He read certain reports before us, but he isn’t in a position to refer to any rules, regulations or bye-laws under which this plot was lawfully converted into a commercial one,” the bench said. The high court also ordered the Sindh Building Control Authority (SBCA) Hyderabad region director to appear in person before it on the next date of hearing (Feb 26).
Approximately 12 residents of Latifabad-3, including Taimoor Farooque, Kamran Shaikh, Mazharul Haq and others, had challenged the project in the SHC in 2016. According to their advocate Faisal Nadeem Abro, the builder bought an old bungalow on plot number A/6 and later demolished it citing the old structure. After razing the old structure, the builder launched a commercial project on the plot situated in a residential area, he said.
He formed his case against the mall on the violation of the easement rights and privacy of the petitioners who live in the residential bungalows surrounding the mall. In their plea, the petitioners asked the court to declare the plot residential and that it cannot be converted into a commercial plot. They have sought a stay against the construction until the court decided their petition.
Published in Dawn, February 8th, 2020
