HYDERABAD, Mach 7: The Sindh High Court, Hyderabad Circuit Bench, on Thursday issued notices to official respondents in a petition, challenging construction of a commercial plaza in the Oad Colony’s vicinity.

The court granted two weeks to Assistant Advocate General Mumtaz Alam Leghari for filing comments of official respondents while mandating to maintain status quo ordered earlier till next date of hearing.

Haji Mohammad Essa and Jan Mohammad, residents of Oad Colony, in their petition had named M/s Tariq Enterprises (Builders and Developers), sponsors of Chalets, Secretary Local Government, District Nazim, Director General Hyderabad Development Authority, Director Building Control and administrative officer to District Nazim as respondents.

According to petitioner’s case, they were residing in Oad Colony for 30 years and adjacent to it Chalets project had been launched by respondent M/s Tariq Enterprises. The work had started adjacent to the homes of Abdul Aziz, Bilal, Jan Mohammad, Mohammad Yaseen, Abdul Ghaffar without approval from authorities and despite objections by residents, therefore it was illegal.

The residents of Colony were not able to stop work at the site and moved applications before the Director Building Control and on their application, Director asked M/s Tariq Enterprises to stop construction till the matter was decided and in case of non-compliance the project in question would be sealed.

The District Nazim also directed the Director Building Control to ensure that while revising the project’s plan the privacy of residents should not be affected.

The petitioners said the directive of District Nazim implied admission on his part that their privacy was being infringed upon but even then no practical step was taken. They said deputy director also visited the site and reported that due to opening of balconies and windows the privacy of residents would be affected. In his report, the deputy director observed to consider this point when the plan of plaza would be revised.

They said owners and sponsors of the project did not get the plan approved by concerned authorities therefore construction was unlawful. They said they informed authorities that they were not able to sit in their corridors or work or could go to kitchen, bathroom and lavatory due to facing of galleries and windows of plaza.

They also claimed that they had been illegally deprived of their right to clean environment. They said such facts were admitted and authorities were duty-bound to provide relief, therefore illegal construction should be stopped.

They said respondent project sponsor in collusion with other respondents were continuously constructing the project. They said they had also filed a suit which was disposed of by competent court with directives that a six feet wall would be raised from final surface of floor but even then no step was taken by respondents.

They said they again filed an application before the authorities but they refused to stop illegal work.

The petitioners told the court that order passed in their suit against sponsors had been violated by respondent project’s owner.

They said respondents should be directed to construct the wall according to revised plan.

They requested the court to restrain respondent project’s owner from opening balconies and windows towards the colony.

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