PESHAWAR, Oct 22: A single-member Peshawar High Court bench on Monday stayed the construction of a commercial plaza by All Pakistan Women Association (APWA), Peshawar chapter in the provincial capital’s cantonment area and the leasing out of its shops.
Justice Mian Fasihul Mulk issued the stay order after examining a petition of APWA national headquarters, which claims construction of the plaza, APWA Tower, by APWA, Peshawar on the land previously having the association’s offices was illegal for being without its approval.
The bench put on notice the defendants, including APWA, Peshawar executive committee through its president, Mrs Nisar, an official of APWA, Peshawar Dr Afaq, the registrar of Joint Stocks Company and Peshawar Cantonment Board. The matter has been sub judice for many years.
APWA, Peshawar claims it is not answerable to APWA national headquarters for being independently registered in Peshawar, while the latter insists it is the parent body and all provincial chapters are subordinate to it.
APWA national headquarters had filed a civil suit with a local civil court through its legal adviser, Haider Ali, for getting the APWA, Peshawar executive body elected in 2009 declared illegal.
Along with the main suit, the plaintiff had also filed an application seeking stay orders against the construction of APWA Tower.
The judge dismissed the application on Apr 9, 2012. The plea was also dismissed by an additional sessions judge on June 21, 2012.
Lawyer Haider Ali told the bench that Dr Afaq was a former employee of APWA and he, in collusion with other defendants, including Peshawar Cantonment Board, was aiming to grab the precious land measuring around 17,000 square feet and valuing around Rs2 billion.
He said the said land was situated in the heart of Peshawar cantonment area and was transferred to APWA in 1952 for welfare purpose not for commercial activities.
He said it was litigation of public interest as on behalf of APWA, Peshawar, advertisements were placed in several newspapers asking public at large to come forward for getting on lease shops and offices to be built on 30 per cent down payment.