KARACHI, July 4: The Sindh High Court restrained a builder on Wednesday from raising further construction or creating third party interest in the allegedly unauthorised structure raised by him and issued him and the Lyari Town police officer notices for July 9.
A division bench comprising Justices Sarmad Jalal Osmany and Maqbool Baqar allowed a Karachi Building Control Authority appeal for urgent hearing of its petition against the builder constructing a ground-plus-seven-floor commercial residential complex on plot number 61-LY 12, Lyari Town, without any sanction.
When the KBCA demolition squad approaches the building, the builder and his henchmen threaten and intimidate it. The Lyari Town police officer and the station house officer of Baghdadi refuse to provide police assistance. Lyari being a congested and sensitive area, the KBCA is unable to perform its functions under the Sindh Building Control Ordinance and the Karachi Building and Town Planning Regulations without police aid.
KBCA counsel Shahid Jamil Khan informed the bench that the building was only one of the hundreds of unauthorised structures being raised in Lyari. The KBCA had been compelled to become a silent spectator due to the absence of police assistance.
He submitted an initial list of 47 violative buildings and said that the KBCA could not take any action under the law or even in compliance of court orders.
The bench ordered inspection of the site by a commissioner, passed temporary injunctions and issued notices to the respondents.
Doctor’s detention
The Sindh High Court asked the federal interior ministry on Tuesday to produce the recommendations of the federal review board on the detention of a doctor under the Security Act.
The detainee, Dr Ali Raza Zaidi, is lodged in the Central Prison, Karachi, for production before the high court. He was deported from Dubai and picked up on arrival at Karachi on June 4, 2006.
The government belatedly informed the court that he was being held under the Security Act and that his detention had been sanctioned by the federal review board, initially for three months. His case was to come up again before the review board.
Representing the federal interior secretary, Advocate Mohammad Ashraff Kazi informed a division bench comprising Justices Sarmad Jalal Osmany and Maqbool Baqar on Wednesday that the board is scheduled to meet on July 7 to review Dr Zaidi’s detention.
The bench asked the counsel to produce the board’s recommendation on July 11. The detainee would also be produced on that date.
Mosque accepts offer
The Qadri Masjid Trust finally accepted the city district government (CDGK) offer of Rs12.5 million in exchange for its land acquired for the Lyari Expressway in PIB Colony.
The bench observed that the petitioner trust would have to produce valid title deeds instead of proof of a mere possession to sustain its claim.
A compromise had already been reached by the petitioner with the city district government and the bench passed a consent order disposing of the petition in terms of the agreement.
Under the compromise, also signed by CDGK counsel Manzoor Ahmad and petitioner’s counsel Shaukat Ali Shaikh, about 500 square yards are involved in the deal. The CDGK had calculated payment at the rate of Rs10,000 per square yard for the land and Rs750 per square yard as the construction cost. The trust wanted the diversion of expressway but the project director said it was not technically feasible.
Advocate Ahmad said only such land as was required for the project would be acquired and the shrine adjoining the mosque and madressah would be saved.
CNG pump barred
The bench also vacated an interim order allowing installation of a CNG station in a residential area of the PECHS at the owner’s risk.
A single bench had ordered that installation of a pump could be completed at the owner’s risk though it would not be allowed to operate pending litigation. The order was challenged by the plaintiff residents through Advocate M. Zahid Khan and the bench set it aside in appeal.
The CNG station is sought to be installed on plot number 140-A, Allama Iqbal Road, Block 2, PECHS. The residents instituted a suit for its demolition.
CSD restrained
Another division bench consisting of Justices Mushir Alam and Ali Sain Dino Metlo restrained the Central Stores Department from dispossessing petitioner Safia Bano, tenant of a shop on its premises.
Advocate Sohail Hameed submitted on behalf of the petitioner that she acquired the shop on a lump sum payment of Rs100,000 and monthly rent. She had been regularly paying the rent but had been served an eviction notice to vacate the premises within a week. The bench issued the CSD and the parent ministry notices for a date in office and barred the tenant’s eviction subject to payment of monthly rent.
Case transferred
The case against sales tax collector Javed Iqbal Mirza was transferred by a division bench from accountability court number V to I.
The official is being prosecuted by the National Accountability Bureau for having assets disproportionate to known sources of his income.
Seeking transfer of the case, Advocate Raja Qureshi alleged misrecording of evidence by the trial court. The new trial court would conduct the remaining part of the proceedings.