KARACHI, Feb 17: The KBCA-city district government Karachi row is likely to be settled within two weeks, the CDGK counsel submitted in the Sindh High Court on Tuesday.
An SHC division bench comprising Justices Sabihuddin Ahmed and Zia Perwez adjourned further hearing of a Karachi Building Control Authority application for direction to the CDGK to provide it assistance in performing its functions to March 4. It noted the statement of CDGK counsel Manzoor Ahmed that 'the question of distribution of powers is likely to be resolved within two weeks'.
The bench also noted the counsel's statement that 'the instructions given to the various banks to release the salaries of the KBCA employees only on receipt of certificates from the town nazims and the EDO (Works) of the CDG have been withdrawn and that the employees can continue to receive their salaries according to the old method'. The counsel sought the application's dismissal as the KBCA, he said, stood merged into the CDG under the law.
KBCA counsel Shahid Jamil Khan submitted that the high court had already held that the CDG and the authority were distinct and separate entities carrying out their respective functions under the Sindh Building Control Ordinance, 1979, and the Sindh Local Government Ordinance, 2000, and the only question involved was to order other civic agencies and utilities to extend it their help in discharging its obligations to enforce building rules and regulations.
He maintained that a provincial local government department notification the CDG relied upon for the KBCA merger into it had been ordered to be withdrawn. Even before its withdrawal, the notification could not override the provisions of the Sindh Building Control Ordinance. The counsel alleged that the CDG had raised a parallel machinery to take over the functions of the KBCA.
The KBCA moved its application in a writ petition moved by the Karachi Watch and Care Society against illegal constructions in Lyari Town.
The court had ordered the KBCA to demolish the structures but the authority expressed its inability to comply with the order in the absence of police help and co-operation from the CDG and other institutions.
ZARDARI'S APEAL: Former MNA Hakim Ali Zardari's appeal against his conviction by an accountability court was on Tuesday adjourned to a date in office.
Father-in-law of former prime minister Benazir Bhutto, the former chairman of the National Assembly's public accounts committee was sentenced to five years jail and fined Rs10.85 million or serve another two years for default for acquiring immovable property in France.
According to the prosecution, the transaction took place in early 1990s but was concealed by the ex-MNA. The appeal was to be heard by a division bench comprising Justices Ghulam Nabi Soomro and M. Mujibullah Siddiqui but could not be taken up due to the paucity of time.
LAND SUIT: The Sindh High Court dismissed with costs on Monday a suit for transfer of 1.2 acres of prime land on the main Mai Kolachi Road near Boating Basin.
Plaintiff Waseem Ahmed claimed that he purchased the land from its original allottees, Shaukat Ali, Abdul Majeed and Liaqat, through their attorney Javed Iqbal, for a total of Rs10.91 million. When he approached the board of revenue for its mutation in his name, the authorities declined the transfer.
They said the land belonged to the provincial government and the documents relied upon by the vendors were fake and fabricated. It was also involved in a case being investigated by the National Accountability Bureau.
Appearing for the provincial government to contest the suit, Additional Advocate-General M. Ahmed Pirzada submitted that the marriage hall constructed by the plaintiff was also illegal.
The plaintiff requested the withdrawal of the plaint, which was allowed by Justice Shabbir Ahmed on payment of Rs25,000 by him as costs. The suit was dismissed as withdrawn.