SHC issues stay order against Hyderabad mall

Court unsatisfied with conversion of residential plot to a commercial one

HYDERABAD: As the Water Commission’s order barring the conversion of residential plots into commercial ones continues to be flouted in Hyderabad, the Sindh High Court (SHC) on Thursday issued a stay order against a commercial mall.

The Hyderabad Circuit bench, comprising of Justice Muhammad Shafi Siddiqui and Justice Muhammad Faisal Kamal Alam, ordered the developers of Eeman Shopping Mall not to hand over possession of the commercial property.

“…no third party interest shall be created on any part of the mall and no possession of any part of the building shall be handed over to anyone,” directed the bench, warning that any violation of its order would be considered contempt of court.

The mall, which is being built in Latifabad Unit 3, has already had its structure raised on a 1,110 square yards plot.

It is flanked by two residential plots on both sides, and two roads in front of and behind it.

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During the hearing, the builders’ counsel, Jagdesh R Mulani, presented several documents to support the conversion of the plot. However, the bench pointed out that he was relying upon an alleged letter of conversion issued by the Hyderabad Development Authority, adding that he was unable to satisfy the court about the lawful conversion on the basis of any rules, by-laws or regulations.

The judges also ordered the Sindh Building Control Authority Hyderabad region director to appear in court in person for the next hearing, to be held on February 26.

Residents of the area, including Taimoor Farooque, Kamran Shaikh, Mazharul Haq and others, had challenged the project in the SHC in 2016.

According to their counsel, Faisal Nadeem Abro, the builders bought an old bungalow on the plot and later demolished it, citing its old structure. Following this, they launched a commercial project on the plot, which is located in a residential area, he added.

The case against the mall was based on the violation of the easement rights and privacy of the petitioners, who live in bungalows surrounding the mall.

The petitioners pleaded the court to declare the plot as residential and stop it from being converted into a commercial plot.

They also sought a stay against the construction until the court made its decision.

Published in The Express Tribune, February 8^th, 2020.