KARACHI, April 20: The Sindh High Court on Tuesday restrained a plaintiff allegedly running a banquet hall on the defunct Roti Corporation plant premises in Gulshan-i-Iqbal from alienating or otherwise creating third party interest in the property pending a Karachi Building Control Authority plea for its demolition.
Plaintiff Gul-i-Raana Educational Society, claiming to be rightful owner in possession of the plot, instituted a suit for declaration and permanent injunction against the KBCA and the city district government which, it said, were out to demolish its building constructed on the plot.
It said the plot, bearing number ST 6-B, Block 14, Scheme 24, was earmarked for an educational and training institution and was being used for the purpose it was sold and transferred to it.
The plaintiff said there was no illegal conversion or misuse of the premises and the society was running an advanced information technology institute and a school on the premises. The alleged banquet hall was, in fact, an auditorium of the school. The court granted the plaintiff a stay order and barred the CDG and the KBCA from taking any coercive measure pending the suit.
The KBCA said in its reply that the 5369-square-yard plot was initially allotted to the Roti Corporation for the installation of a plant. In 1998 the Privatization Commission gave it to M/s Ambreen Industries, which submitted a bid through Fareed Akhtar Hadi.
It was sold for the establishment of a 'cooking institute'. The new owner, however, sub-divided the plot into three units without approval and used them as a marriage hall, a banquet hall and an IT institute.
Unauthorized construction was also raised on the plot. The stay order was being misused by the plaintiff society, which has already disposed of the marriage hall, the KBCA alleged.
Seeking vacation of the stay order and early hearing of the case, the KBCA counsel submitted that like the marriage hall the sub- divided plots might also be disposed of by the plaintiff to further complicate the controversy. He said the SHC nazir, who was asked to inspect the site on Feb 27, was yet to submit his inspection report.
Justice Mushir Alam, who heard the case on Tuesday, asked the nazir to submit his report and noted the undertaking of the plaintiff's counsel, Zahid Margoub, that third party interest would be created in the meanwhile. The matter was adjourned to May 5 for further hearing.
EX-AG'S MURDER: A division bench of Sindh High Court disposed of as withdrawn a bail plea moved by accused in former advocate-general Iqbal Raad's murder case.
Iqbal Raad and his associates Shehzad Khatri and Ghulam Abbas were shot dead in the ex-AG's law office in Paradise Chambers on Shahrah-i-Iqbal on March 10, 2000. His son, Nadeem Iqbal, lodged a complaint against unknown assailants at the Artillery Maidan police station.
Mohammad Ajmal alias Pahari, Mirza Asif Baig alias Dadan, Kalim and Sohail Ahmed, all alleged to be activists of the Muttahida Qaumi Movement, were arrested later in 2000 and charged with multiple murder. They approached the high court for grant of bail on account of delay in the trial.
The bench directed the trial anti-terrorist court to conclude the trial within two months and the applicants' counsel sought to withdraw the bail plea, which was disposed of as withdrawn.