SHC orders removal of two eateries in North Nazimabad

Pizza Hut and Burger King to shut down their outlets within 14 days

KARACHI: The Sindh High Court (SHC) has ordered the franchises of Pizza Hut and Burger King to remove, within 14 days, their belongings from their outlets built over a triangular public park in North Nazimabad.

Located in Block A of North Nazimabad, the cleared land will pave way for the construction of an interchange for the Green Line bus project.

The court further ordered the Karachi Metropolitan Corporation to ensure that the 28,000 square-feet piece of amenity land is maintained as 'greenbelt' even after the construction of the interchange.

"The parties are, however, cautioned to ensure that the said piece of public land, either before the construction of the said project or thereafter will always be open to the public and no commercial venture on the said premises to be undertaken," ordered a single bench, headed by Justice Zulfiqar Ahmed Khan.

The judge further ruled that, "The [Green Line bus project] being constructed there by the defendants should not become a nuisance to the neighbourhood and the greenbelt that ought to have been provided in the said piece of land is maintained."

The bench passed this order while disposing of different lawsuits instituted by MCR (Private) Limited, which is running the franchises of the two international chains, against the Karachi commissioner,  the Karachi Metropolitan Corporation (KMC) and the district municipal corporation (DMC) for District Central.

The plaintiff had approached the court against KMC orders to vacate the premises of the triangular park, measuring 28,000 square-feet, claiming the city district government of Karachi (now defunct) had leased the land to it for running its outlets in 2007. Following the establishment of KMC, the plaintiff had the agreement renewed with the DMC.

Sometime back, the DMC officials had suddenly asked the franchises to vacate the premises as their outlets fell within the design of the Green Line bus project, stated the plaintiff. No prior notices were issued, the lawyer pointed out, pleading the court allow them to continue their business.

Out-of-court settlement

The matter was fixed on Wednesday, when the contesting parties - including MCR Private Limited and the KMC authorities - came with an agreement.

Advocate Umair A Qazi, who represented the eateries, contended that they have reached a conclusion that they will withdraw the suit, along with pending applications, if they are granted 14 days to remove their belongings.

The lawyers representing the KMC and provincial government also favoured this request. The officials also agreed to provide 14 days to the plaintiff and assured that they will not cause any impediment in the removal of their belongings. Advocate Qazi also assured that his clients will also not cause any impediments in the Green Line project during these 14 days.

After hearing arguments from the lawyers, the bench issued its order. "The parties are, however, cautioned to ensure that the said piece of public land, either before the construction of the said project or thereafter will always be open to the public and no commercial venture on the said premises to be undertaken and the project being constructed there by the defendants should not become a nuisance to the neighbourhood and the greenbelt that ought to have been provided in the said piece of land is maintained."

Published in The Express Tribune, August 5^th, 2016.