A DHA resident has taken DHA, Creek Developers and AKD Capital to court.PHOTO: EXPRESS/FILE
Two projects of Creek Developers have been stopped by the Sindh High Court (SHC) until the Defence Housing Authority (DHA) proves that the land was not earmarked for amenity purposes.
On Friday, an SHC bench comprising Justice Syed Hasan Azhar Rizvi ordered the developers to refrain from any further constructions on Creek Terraces or Creek View - two projects spread over 43 acres in DHA Phase VIII. Justice Rizvi clarified that the extension in the interim stay order, which was passed at the last hearing, would be considered on its merits after the relevant documents have been filed.
The stay order came on a suit filed by Zahidullah Khan, a resident of DHA, who cited DHA, Creek developers, BF Property and Construction and the AKD Capital as respondents.
Case history
In October 2004, the DHA issued an Expression of Interest for these two projects from renowned developers, said the petitioner, explaining that these projects comprise residential unit buildings and a commercial area.
In his lawsuit, the plaintiff informed 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," the petitioner 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. At the last hearing, the bench had issued notices to the DHA and other respondents for October 4. In the meantime, the defendants were restrained from launching the projects.
On Friday, the plaintiff's lawyer informed that the construction on the subject property is still being carried out despite the court orders. He also produced photos to support his contention. Justice Rizvi asked, once again, to stop all construction at the site and adjourned the hearing till October 9. The bench also continued its interim order that was passed on September 20.
Published in The Express Tribune, October 5th, 2013.
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Unscruplous property developers should have criminal charges filed against them. They damage interests of all citizens through illegal constructions. They make money whereas citizens lose their hospitals and parks and play grounds. Finally someone took notice.