HYDERABAD: Senior Civil Judge-III Wazir Hussain Bohio on Thursday stayed construction work on a plot located inside Pacca Qila — a heritage site — by issuing a new order on two separate applications, one filed by the Sindh culture department and the other by a private party.

The two pleas were filed after the court’s Feb 4, 2024 judgement and a decree in favour of Shaikh Mohammad Imran allowing him to continue the construction work in accordance with the layout plan approved by the Sindh Building Control Authority (SBCA).

The fresh order was passed on the applications filed under Section 12(2) of the Civil Procedure Code (CPC). Deputy District Attorney (DDA) Zulfiqar Satti and Sharif Arain, the counsel for the applicant / intervener Zohaib Hassan, were in attendance.

The case has been adjourned for April 11.

Court had allowed continuation of work on Feb 4 as per SBCA-approved layout plan

During the hearing, the DDA produced before the judge a letter issued by SBCA’s Hyderabad office pm Jan 7, 2025 suspending operation of the NOC issued to Shaikh Imran through his attorney Sheikh Mohammad Qasim.

The court was informed by that the notice was served upon Shaikh Imran’s attorney through WhatsApp as per the order passed by the court during the previous hearing. The plaintiff did not appear in court today despite repeated notices.

The DDA argued that the construction work should be stopped otherwise it would cause loss to government. The judge asked the DDA as to why the revenue official concerned issued the sale deed to the plaintiff and why did the SBCA passed the layout plan when the plot was located inside Pacca Qila. The DDA replied that the official concerned was unaware of facts. As soon as the culture department approached him for filing the instant application under Section 12(2) of CPC, the plea was filed, he added.

The DDA further submitted in court that a plea for cancellation of the sale deed would be filed in civil court, and prayed that the construction work on the site should be stayed till then.

The court directed that notice to the plaintiff be repeated through pasting, publication in newspaper and courier service. “In the meantime, the plaintiff is directed to stop construction work till next date of hearing,” the court ordered.

Culture department’s Assis­tant Director Ms Sindhu Chandio did not appear in court today.

She had filed an application on Feb 18 after issuance of the Feb 4 order, requested the court to allow her to become a necessary party in the case.

In its Feb 4 order However, the court had said that if any illegal construction was carried out without the approved layout plan, the defendants were always at liberty to take action in accordance with law. Plaintiff Shaikh Imran has not cited the archaeology department and district administration as defendants in his suit.

Published in Dawn, March 14th, 2025