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KARACHI, Sept 12: The Sindh High Court restrained a construction firm from carrying out business activity on a residential plot in a residential locality.
M.A. Jauhar Co-operative Housing Society moved a petition through Advocate Amir Aziz Khan complaining that a ‘site office’ has been established for a project named ‘City Tower’ in a residential bungalow on its 1000-square-yard plot 19/3-a on Tipu Sultan Road, near Awami Markaz. Besides violation of the stipulations contained in the lease deed and the bylaws of the society, the owner of the plot was causing public nuisance.
The court appointed its nazir to conduct an inspection of the site. The nazir confirmed the petitioner society’s allegation in his report. A division bench consisting of Justices Munib Ahmed Khan and Rana Mohammad Shamim asked the owner/builder/developer to wind up the ‘site office’ and refrain from carrying out any business activity on the plot.
The bench also issued a notice to M/s Lucky Cement to explain why it has opened an office on plot 6-A in the society’s residential area. Another notice was issued to the owner of plot 63-B for building a mosque on a residential plot that could not be converted into an amenity plot.
School being shifted
City district government counsel Manzoor Ahmed, meanwhile, informed the bench that the school functioning on the 2000-square-yard plot F-41, Block 8, Scheme 5, Clifton, was being shifted from the residential area. A petition was filed by the resident of a neighbouring plot protesting that a school had been opened on the adjoining plot in violation of the law and rules. The averments were supported by the CDGK, which issued a notice to the owner.
The owner informed the city government that the school was moved to another site. The bench adjourned further hearing to Sept 26 for reporting compliance.
The bench also issued a fresh order for demolition of an offending structure raised on plot SB-52/39, Scheme 36, Gulshan-i-Iqbal. Petitioner Fatah Mobin submitted through Advocate Abdul Jabbar Korai that the structure violated the building plan approved by the Faisal Cantonment Board, the regulatory authority. The space earmarked for car parking, he alleged, had been fully covered. A demolition order passed by the court earlier had not been complied with, though the cantonment board was allowed to seek police assistance.
The bench asked the board’s to ensure and personally report compliance on Sept 24.
A notice was issued to the respondents for Sept 18 in a petition by residents of the 13-acre Gadhra Goth, behind old Sabzi Mandi. Advocate Abdullah Chandio submitted that the petitioners inherited the land comprised in the village from their forefathers and the goth was regularized in 1980. The land had, however, been included in the prime minister’s housing scheme for the poor according to the advertisements carried by newspapers.
Mobile publicity
A petitioner concern was asked to make a representation to the district co-ordination officer in respect of its grievance against the recovery of ‘moving advertisement fee’ by the city district government.
M/s Capital Industries Enterprises complained that they supply their foam mattresses and other products to their agents and dealers. Their vehicles carry the insignia of their company and the picture of their products. No additional space or facility was required yet the city district government insisted on payment of the fee.
The city district government submitted that the fee was imposed in pursuance of the rules made under the Sindh Local Government Ordinance. No discrimination or arbitrariness was involved as the fee was uniformly recovered from other concerns using vehicles with publicity material painted on them. Besides, the petitioner concern should have approached the DCO before moving the high court.
Power rates
Hearing of a petition against the enhancement of power rates was adjourned by a division bench comprising Justices Khilji Arif Hussain and Bin Yamin due to paucity of time. According to petitioner Syed Iqbal Kazmi, it is for the provincial governments to fix electricity tariff. He has also challenged the privatization of the Karachi Electricity Supply Corporation.
Meanwhile, the Sindh High Court Bar Association urged the police on Friday to recover Advocate Waseem Hashmi, who went missing on Sept 3 and had not been seen or heard of since.
SHCBA managing committee member Moin Azhar Siddiqui said Mr Hashmi, a member of the association and a former president of the income tax bar association, had gone to Memon Goth, Gadap, to distribute flour and other food items among the poor for the month of Ramazan. He was kidnapped on his way back. An FIR had been lodged with the Gadap police station but no clue had been found to his whereabouts or his kidnappers.
