Illegal occupation: For not paying rent, court puts NLC on notice

CAA approaches LHC to get logistics company to vacate land occupied since last September.


Mudassir Raja October 17, 2012

RAWALPINDI:


An extended stay on the bustling Rawal Road, that too without paying any rent, has earned the National Logistic Cell (NLC) a notice.


The Lahore High Court (LHC) on Tuesday issued notices to National Logistic Cell’s (NLC) chief and Rawalpindi commissioner to respond to an allegation of illegal occupation of land, that was used for mixing concrete during the construction of Chandni Chowk Flyover.

The court took action on a petition that was filed by Civil Aviation Authority (CAA), that also owns the land.

Justice Baqir Ali Najafi of the LHC’s Rawalpindi bench directed a standing counsel for federation and an assistant advocate general to get written comments from NLC and the commissioner and submit them to the court on Wednesday.

The lawyer informed the court that the commercial entity of the army was to use the 59 kanals of land near Benazir Bhutto Hospital on Rawal Road for four months from last September to January 2012 and pay Rs6.9 million as rent to the CAA.

NLC refused to pay the promised rent and vacate the land despite legal notices that were served by the aviation authorities.

Confirming the orders of the high court, CAA’s lawyer Muhammad Bilal Ahmed said the court directed the law officers to get the comments from the respondents.

After registering a complaint with a police and filing of a civil suit against encroachment of government land and non-payment of rent did not yield any result, CAA had no option but to approach the high court, the lawyer said.

In several letters written to the NLC and the commissioner, the CAA requested the NLC to sign an agreement for hiring the land, but no progress was made despite the fact that rates for the rent had been worked out. In subsequent correspondence, the NLC asked CAA to decrease the rent but the authority did not agree.

When an agreement could not be reached, CAA served NLC a legal notice after the latter had completed the flyover and started to remove its equipment from the site.

The land, however, is still under the occupation of NLC, which has started constructing another flyover on the Sixth Road intersection.

Six months back, the CAA offered the land to be leased out for the construction of a marriage hall and got earnest money from the successful bidder.

The authority fears it may face a lawsuit if it fails to hand over the land on time, according to officials.

Published in The Express Tribune, October 17th, 2012.

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