SHC required original master plan of DHA phase 8 Karachi
Karachi (PPI / Tuesday, Nov 12, 2013) – Sindh High Court (SHC) has directed Defence Housing Authority (DHA) to place on record the original master plan of DHA phase-VIII and details of lease agreement made in favour of DHA by the then president of Pakistan.
This direction was given by a single bench of SHC comprising Justice Muhammad Shafi Siddiqui while hearing 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, in Phase VIII.
Plaintiff’s counsel Salahuddin Ahmed submitted that the DHA has launched projects in names of Creek Terraces and Creek View, Creek City in DHA, Phase-VIII on land, which in the master plan has been shown as amenity area. He added that without the permission of the Federal government the DHA illegally initiated the projects.
The court was prayed to declare that initiation of the projects on amenity plots, allocated for an apartment site and commercial usage, was unlawful and the same could not be used for any other purpose.
Earlier, the court ordered that status quo regarding creating third party interest be maintained till the next date of hearing. The court had also restrained Creek Developers Private Limited from raising further construction with regard to Creek Terraces and Creek View projects at the Creek City in DHA Phase VIII.
However, a single bench, headed by Justice Syed Hasan Azhar Rizvi, granted the temporary permission for raising construction by modifying its previous order. During the hearing on Tuesday, plaintiff’s counsel filed an application, requesting the court to direct DHA to submit certain documents, including original lease pact dated November 11, 1975 executed in favour of DHA by the then president of Pakistan and original master plan of 1975, which showed the planning of phase-VIII DHA with all modifications and alterations.
While allowing the application of plaintiff’s counsel, the court directed DHA to place before the court original lease agreement and original master plan of 1975, which showed the original planning of phase-VIII DHA with all modifications and alterations