SHC halts DHA construction on ‘amenity’ plots

[Salman]

KARACHI: The Sindh High Court (SHC) on Friday restrained the Defence Housing Authority (DHA), Creek Developers Private Limited, BF Property and Construction Pakistan Private Limited and the AKD Capital Limited from further construction at Creek Terraces and Creek View projects at the Creek City in DHA Phase VIII.

A single-judge bench of the SHC comprising Justice Hassan Azhar Rizvi issued the order during the hearing of a lawsuit filed by Zahidullah Khan, a resident of DHA, against DHA projects on amenity plots allocated for park, graveyard, school and sewerage treatment plant on Khayaban-e-Shaheen, Phase VIII.

The plaintiff’s counsel, Salahuddin Ahmed, submitted that the DHA has launched projects named Creek Terraces and Creek View, Creek City in DHA, Phase-VIII on land which in the master layout plan has been marked as amenity area. He added that the DHA illegally initiated the projects without the permission of the federal government.

Citing the high court’s judgement wherein the court had observed that plots meant for municipal services and amenities cannot be leased, sub-leased, sold or transferred to any one person or to any one class of persons for the use of enjoyment, rather it has to remain as a government property for public purposes for unhindered free access, use and enjoyment of public at large.

The court was requested to declare that initiation of a project on amenity plots allocated for park, graveyard, schools and sewerage treatment plant situated on Khayaban-e-Shaheen, Phase VIII, DHA, Karachi and their commercial usage is unlawful and that they cannot be used for any other purpose.

Earlier, the court ordered that status quo be maintained until the next hearing. During the hearing on Friday, plaintiff’s counsel told the court that despite the status quo order by the court, defendants were continuing the construction work. The court restrained DHA from further construction, subject to filing of a statement proving that the plots in question were not amenity plots.