KARACHI, July 25: A provincial government appeal aimed at saving 15 acres of prime land in the city was on Friday adjourned to Aug 19 due to official assignee’s inability to answer court summons.
The lease of the land near Hasan Square (district east), then situated outside the municipal limits, was first granted in 1938 to M/s Radio Lamps Works for 30 years at an annual rate of Rs 1066 plus local fund cess of Rs 83.50 for installation of an electric bulb factory and other allied units. M/s Hyesons were sold the lease rights by the outgoing lessee in January 1948.
On expiry of the lease in 1968, M/s Hyesons sought renewal of the lease for another 30 years. The case was finalized by the Sindh government in 1976. The amount was raised to Rs 3000 per acre per annum and the lease was renewed and transferred to M/s Electric Lamps Manufacturers Limited.
A couple of years later, the additional divisional commissioner of Karachi cancelled the lease under a martial law order on the ground that the land had not been utilized by the lessees for the last 40 years. The cancellation order was, however, set aside by the chief minister in 1990 and the lease was restored in terms of the 1976 renewal order.
Though the lessee company did not own the property and the lease was due to expire in 1998, it mortgaged the land to the Pakistan Industrial and Commercial Investment Corporation (Picic), which accepted it as security for a loan sanctioned by it. The company failed to repay the loan and went into liquidation. It also defaulted on payment of lease money for several years. The SHC official assignee, Bashir A. Memon, was appointed official liquidator and he sought another renewal of the lease. The provincial government demanded Rs 50,000 per square yard per year as lease money in accordance with the market rate prevailing in 1995.
The parties approached the high court in collusion with one other. An order was obtained for ascertaining the market value of the land. A surveyor assessed the market value at Rs 450 per square yard and a single judge (since retired) ordered the renewal of the lease at the same rate. The order was obtained behind the back of the provincial government, which was the owner of the land.
According to Additional Advocate-General Suleiman Habibullah, who is pursuing the provincial government appeal, the land is currently worth Rs 20,000 per square feet or Rs 120,000 per square yard.
The Sindh government said in its appeal that no order could have been passed in respect of the land without hearing it and the court had no power to fix the lease amount.
As the appeal came up for hearing on Friday, a division bench, # comprising Justices Zahid Kurban Alavi and Zia Perwez, asked the official liquidator twice to appear before it.
The liquidator was not available and the hearing was adjourned to Aug 19.
NOTICE TO KWSB: A division bench of Sindh High Court on Friday issued notices to the chief secretary, the health secretary and the managing director of Karachi Water and Sewerage Board on a petition seeking action against the officials of the board for providing contaminated water to residents of Landhi and Malir.
The division bench, comprising Justice Zahid Qurban Alvi and Justice Zia Pervez, while hearing a petition by a PPP MPA Abdullah Murad, issued notices to the officials. The matter was fixed for a date in office.
Petitioner’s counsel Nehal Hashmi submitted that the affected people consumed contaminated water provided by the board and had to suffer gastrointeritis. As no treatment was provided, six persons died and hundreds fell sick.
The court was prayed to conduct an inquiry against responsible officials and compensation be paid to the affected people.
HEARING: A bench of High Court of Sindh, comprising Justice Sarmad Jalal Osmany, on Friday directed the Sessions Court, West, to decide a forgery and fraud case within a month time.
The orders came during hearing of a bail application, moved by Nazim of UC-9, Qasba Town Babu Ameer Khan, who allegedly submitted a fake matriculation certificate at the time of election of Nazim of the UC 9, Site Town.
Saifullah Khan Niazi, who was unseated from the post of Nazim as he was found to be a bank defaulter, moved an application before Manghopir police that the accused had submitted a forged certificate.
The police sent the certificate for verification and the headmaster of Government High School, Oghi, District Mansehra, NWFP, declared it to be fake and forged.
The applicant/accused was then booked under section 420, 468, 471 and 474 and was arrested.
The accused moved the trial court for concession of bail which was dismissed. He then moved the SHC for bail which disposed of the same directing the trial court to decide the case within one month.
The same bench issued notices to state for Aug 8 on bail pleas by Anjum Rehman and Mohammed Haroon involved in a case registered under section 342/34 Qisas and Diyat Ordinance by Gulberg police.—PPI/APP