KARACHI, Oct 5: The Sindh High Court has accepted a writ petition seeking transfer of a prime plot of land adjacent to Awami Markaz on Sharea Faisal without payment of non-utilization fee.
The plot bearing number ST-1/A and measuring 8,319.54 square yards was allotted to M/s Swiss Hotels and Resorts (Pvt) Limited in September 1995 at a price of Rs15,000 per square yard. On a representation made by the company the price was reduced to Rs2,500 by the then chief minister, Syed Abdullah Shah. However, 3,000 square yards were carved out of the plot and transferred to M/s Civic Centre (Pvt) Limited for the construction of Awami Markaz. M/s Swiss Hotels paid the price of the remaining 5,319.54 square yards at a rate of Rs2,500 per square yard.
The caretaker government of Sindh filed a reference in the SHC’s ehtesab (accountability) bench in January 1997 against Syed Abdullah Shah and Swiss Hotels managing director Akhtar Javed Pirzada, who was taken into custody, for selling and buying public property at one-sixth the prevailing market price. During the proceedings, Mr Pirzada offered to pay the market price. The offer was accepted by the then chief ehtesab commissioner and the allottee paid Rs66 million more for withdrawal of the reference.
The plot was restored to Mr Pirzada, who sold it to eight people, including a company. For mutation of the plot in the name of new purchasers, the city district government demanded an additional amount of Rs31.6 million. The purchasers questioned the demand through a writ petition.
They submitted that they were not responsible for non- utilization of the plot because it was involved in litigation. As bona-fide purchasers, they were entitled to its transfer on payment of the market price and other charges.
Allowing the petition, a division bench comprising Justices Sabihuddin Ahmed and S. Ali Aslam Jafri held that no fee could be charged for non-utilization for the period during which the plot was subject-matter of an accountability reference.
Mansoorul Arfin and Company represented the petitioners while Additional Advocate-General Qazi Khalid Ali appeared for the Sindh government.