DHA to show original lease of two Creek projects again on court orders

[Salman]

DHA to show original lease of two Creek projects again on court orders

KARACHI: The Defence Housing Authority (DHA) has been told once again to show the original lease of the land where two Creek builders projects have been launched.
The Sindh High Court’s division bench, headed by Justice Muhammad Shafi Siddiqui, repeated its directives on Tuesday when the DHA officials failed to show the original lease for Phase VIII despite repeated orders. The case pertains to two major residential and commercial projects — Creek Terraces and Creek View — which have been launched on, what the petitioner claimed, an amenity plot. A DHA resident, Zahidullah Khan, had filed the petition in court and had cited DHA, the builders and the financers as respondents. According to the plaintiff’s counsel, Salahuddin Ahmed, DHA failed to place the original master plan and lease of Phase VIII on record. DHA’s lawyer told the court that he had acquired the documents and they will be submitted before the court during the next hearing.
Case history
In October 2004, DHA had issued an Expression of Interest for these two projects from renowned developers, said the petitioner, explaining that these projects comprise residential buildings and a commercial area.
In his lawsuit, Khan claimed that out of 43 acres, 25 acres have been given to Creek Terraces and 18 acres to Creek View. “The original master plan of the same land, issued by the DHA, shows amenity plots for a park, schools, sewerage treatment plant and a graveyard,” he said, adding that the amenity plots were designed for the benefit and usage of general public. However, under the main lease issued to the DHA, these plots cannot be used for any other purpose nor can be sold, allotted or transferred to any private person, including the builders.
The plaintiff’s lawyer, Barrister Salahuddin Ahmed, argued that the amenity plot cannot, in any way, be converted into residential or commercial property. “If anything, the land can only be reallocated for another amenity,” he suggested. This, in itself, goes against the master plan and the public purpose for which the land was entrusted to the DHA, he added. Previously, the court had restrained DHA and the builders from carrying out construction of the projects in question. This stay order, however, was later modified by the court, which temporarily allowed the constructions subject to the DHA proving that land is not originally allocated for amenity purposes.
On Tuesday, Barrister Ahmed said the controversy is that the original lease, on the basis of which DHA has acquired title in Phase-VIII, has not been placed before the court to go through it and decide the matter.
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DHA’s lawyer Abid Zuberi said that apart from the three plans, which are on the record, no master plan is available.
And if at all any lease in respect of the Phase-VIII is available all planning was made subsequent to the said lease, he added.