KARACHI, May 16: A division bench of the Sindh High Court comprising Chief Justice Azizullah M. Memon and Justice Khalid Ali Z. Kazi on Friday issued an interim order putting on hold demolition within the precincts of the Empress Market in Saddar till May 21.
The interim order came on a petition filed by 28 people running their businesses in the old dried and fresh fish market within the precincts of the Empress Market.
Petitioner Burjur D. Sethna along with 27 others had moved the Sindh High Court against the removal of their businesses and demolition of the heritage building of the Empress Market built in 1884-1889 and named after Queen Victoria, the then Empress of India.
They submitted that the city government had proposed construction of a “multi-storey car parking commercial plaza” on the said site, for which it had issued them a notice on August 24, 2007, asking them to shift their businesses to an under-construction market in Lines Area.
Petitioner’s counsel, Aftab Ahmed Khan, stated that the removal of the businesses of his clients by the CDGK was illegal and construction of the site, where petitioners were asked to move was below the standard as business in which they were engaged could not be carried out at the proposed under-construction building.
He said that Sindh government was the actual owner of the Empress Market and the city government was only responsible for its maintenance. “Under the law, the owner of any protected heritage cannot even destroy, alter or remove heritage,” he argued.
He prayed to the court to declare the proposed project of a commercial car parking plaza to be constructed on the site of the Empress Market illegal and to also declare the dried and fresh fish section as an integral part of the market.
He cited a stay order of the SHC issued against the demolition of Khwaja Shamsul Islam Market, adjacent to the Empress Market, and sought nullification of the CDGK’s notice of August 24, 2007.
The division bench order said that the respondents might not raise grievances over non-service of the notice. It repeated notices to the respondents for the next date of hearing and observed that if the respondents did not defend themselves properly, an ex-parte order would be passed.—PPI
Plot occupation
The Sindh High Court issued on Friday notices to the SITE management and the town police officer in a petition moved by an industrial plot owner against the occupation of his plot by a hotelier, adds our staff reporter.
M/s Alamgir Rayon Mills submitted through Advocate Yousuf Moulvi that an encroacher has breached the boundary wall of his plot (19-A) purchased by him from the Sindh Industrial and Trading Estate near Shershah. Suspicious people visit the premises and resist his plea for vacation of the plot. He approached the SITE management, which has an anti-encroachment cell, but it refused to help him. His requests to the police to expel the illegal occupants also failed to elicit any response. Other agencies he contacted in this behalf also failed to come to his help.
A division bench comprising Chief Justice Azizullah M. Memon and Justice Khalid Ali Z. Qazi ordered that notices be issued to all the respondents for May 30.
Altaf Unnar’s appeal
Former provincial minister Altaf Hussain Unnar of the PML (Q), who is under trial for allegedly firing at the car of PPP MNA Dr Azra Afzal Pechoho, has requested the high court to direct the Election Commission and the returning officer of Larkana to accept his nomination papers for NA-207 by-election presented to the RO on May 5.
The under-trial prisoner submitted through his son, Adil Altaf Unnar, that his papers were rejected by the RO for his inability to appear before him on May 5. He said he had made a request to the anti-terrorism court trying him to allow him to appear before the RO but it said it had no power to grant his request. He made an identical plea to the RO but he also declined to order his production.
The petition said that according to the RO, personal presence of a candidate was essential at the time of submission of his nomination under an amendment made in the Representation of People Act in the year 2002. It said the amendment was repugnant to the Constitution as it impinged on the fundamental right of every eligible citizen to contest polls. An under-trial prisoner could not be barred from contesting polls and it was for the state to arrange his production before the RO. He requested the court to either order the police to produce him before the RO or direct the RO to accept his nomination without his appearance.
Sugar mill seeks relief
Justice Nadeem Azhar Siddiqui, meanwhile, issued a notice to the SHC official assignee in a judicial miscellaneous application by an auction purchaser of a sugar mill in liquidation.
The applicant submitted through Advocate Yousuf Moulvi that he purchased the Ranipur Sugar Mill, Khairpur, at an auction ordered by the court when the concern became insolvent. However, in the disturbances following PPP leader Benazir Bhutto’s assassination, the mill was occupied by anti-social elements, which still remain in illegal occupation. He suffered a huge loss but was trying to evict the occupants. In the circumstances, he was unable to pay the instalment due as auction price of the concern. The official assignee, who conducted the auction, should, therefore, be asked to allow relaxation in payment of the instalment, the applicant said.