News Violation of KBCA rules: SHC Nazir told to take over ‘illegal’ farmhouses in Gadap Dawn News June 5,2010 KARACHI, June 4: The Sindh High Court has ordered the Nazir to take over the possession of 63 acres in Gadap Town containing several farmhouses allegedly constructed in violation of rules and regulations. Justice Tasneem Ahmed passed this order while hearing a lawsuit filed by Naeem Ahmed and Saeed Haroon against a notice of the Karachi Building Control Authority restraining them from constructing farmhouses and subdividing the land into small plots for sale to the general public. The court had earlier appointed the Nazir for the inspection of the land on the request of the KBCA law officer, Shahid Jamil Khan. According to the KBCA, the suit property was allotted for a 30-year lease for poultry farming and the owners illegally changed its use and started the construction of farmhouses on the land in violation of the rules. In compliance with the court order, the Nazir inspected the site and submitted his report. The report said that 32 units over the suit land had been completed without any building plan. It also said that the construction work on the site was in progress at the time of inspection. The Nazir also informed the court that the plaintiff had not deposited his share of the fee of Rs10,000. The court directed the plaintiff to deposit the Nazir’s fee within three days. The judge ordered: “In the circumstances to protect the property and to avoid further creation of third party interest in the suit property, Nazir of this court is directed to take over the possession of the suit property and manage the same in accordance with law till further orders. Nazir shall have all powers of receiver available under the law.” He also directed the Nazir to post private security guards at the site and the expenses in this head would be borne by the owners and the KBCA equally. With the consent of the parties, the court also appointed Advocate Dilawar Hussain as commissioner to record evidence of the parties. “Fee of the learned commissioner shall be Rs10,000 per witness, which shall be borne by respective parties for their respective witnesses, which shall be added towards the costs of suit,” the court order said. The judge wrote in his order that the parties were free to lead their evidence by filing an affidavit-in-evidence along with original documents they intended to rely on. He directed the commissioner not to grant adjournment to any party more than once. “After availing facility of one adjournment each subsequent adjournments shall be subject to payment of cost of Rs10,000 and 50 per cent of such cost shall be retained by the learned commissioner and the other 50 per cent shall be deposited in the account of the High Court Employees’ Benevolent Fund,” he further ordered.
Posted on: Wed, 19 Mar 2014 13:51:21 +0000
Trending Topics
Recently Viewed Topics
© 2015