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KARACHI, Feb 25: A division bench of High Court of Sindh, comprising Justice Ata-ur-Rahman and Justice Zia Pervez, on Friday issued notices for March 10 to respondents in a constitutional petition, challenging conversion of amenity plot into residential units.
The petition was filed by "Sheri-Citizens for a Better Environment" through its general secretary Amber Alibhai and seven others living in front of disputed amenity plot.
The petitioner maintained that plot ST-8, Block 17, KDA Scheme 24, Gulshan-i-Iqbal, ad-measuring 1,625 square yards, was reserved for a garden and a swimming pool, but was being converted into residential bungalows.
The petitioners prayed to the court to declare the alleged conversion of amenity plot into residential form and to permanently restrain the government agencies from granting any permission, approval of building plan etc., facilitating illegal use of land.
The bench, after hearing initial arguments by the counsel for the petitioners, issued notice for March 10 to the respondents, including Sindh Secretary Land Utilization, City Government, Abrar-ul-Hasan and Mohammad Sohail.
ACCOUNTS DISPUTE: Justice Amir Hani Muslim of High Court of Sindh appointed Liaquat Zaman & Co, (Chartered Accountants) as Commissioner for rendition of accounts in order to resolve a dispute of accounts between a borrower and The Bank of Khyber.
The CA firm was directed to submit their report regarding accounts within two months to determine whether borrower defaulted or excess amount was paid to the bank. Both borrower and Khyber bank filed recovery suits to settle the dispute.
Earlier, Advocate Arshad Tayabali contended on behalf of the Bank of Khyber that borrower Nazimuddin of Ali Enterprises had obtained different facilities, including Export Refinance, and not adjusted the same; thereafter, the bank filed a recovery suit for Rs48,959,778 before the Banking Court no.III at Karachi.
Advocate Saalim Salam Ansari, appearing on behalf of borrower, contended that during the course of business, there was a turnover of about Rs180 million and the borrower has adjusted 100 per cent liability as well as a sum of about Rs51,649,261 and US Dollars 209,850 has been wrongly adjusted by the BOK for which the borrower has filed a suit for recovery and redemption of mortgages/guarantees before the Sindh High Court.
Advocate Ansari further contended that upon a civil transfer application, Chief Justice of Sindh High Court had ordered the transfer of BOK's recovery suit pending before Banking Court no.III at Karachi to be transferred to High Court and to be proceeded along with recovery suit filed by the borrower to avoid conflicts of judgements in the suits filed by same parties on the same subject matter.
Mr Justice Amir Hani Muslim, after a detailed hearing, appointing the CA firm as commissioner directed that both the parties will pay Rs100,000 each to the Commissioner as fee for their service. -APP
