SHC stops shops’ evacuation for shopping mall construction

Grants bail to builder accused of defrauding citizens

KARACHI: The Sindh High Court (SHC) nullified on Friday a ruling of the cantonment board additional rent controller, pertaining to the evacuation of shops for the construction of multi-storey Askari-I shopping complex. In a written order issued on a plea filed by the shopkeepers, a single-member bench, comprising Justice Nazar Akbar, ordered that the shops were not to be evacuated by the tenants.

Earlier, in 2014, the cantonment board had ordered the shopkeepers to evacuate the shops within 30 days.

"[But] how can a cantonment board additional rent controller decide [on the matter]?" Justice Akbar questioned, stating that he was not authorised to do so.

However, contesting the plea, the Army Housing Directorate director-general (DG) maintained that the army was engaged in a war on terror and increasing the army's budget was essential to boosting the soldiers' morale, for which the building needed to be constructed. Basing his argument on these grounds, he moved the court to order the evacuation of shops.

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The court stated that the agreement signed between the shops’ tenants and the landlord must be implemented, adding that a law protecting the rights of the tenants of commercial properties also existed. It ruled that the shops were not be evacuated.

Out on bail

Meanwhile, a two-member bench, comprising SHC Chief Justice Ahmed Ali Shaikh and Justice Omar Sial, granted bail to Haji Adam Jokhio, a builder accused of defrauding citizens in the name of a residential project, against a surety of Rs10 million.

During the hearing of the accused's bail plea, his counsel informed the court that money was being returned to 816 defrauded citizens and Jokhio was also cooperating with the National Accountability Burea (NAB) in the inquiry.

"But the court needs to be assured in writing that the victims will be duly compensated for their loss," the bench stated.

Rizvi further informed the court that his client was willing to reach a plea bargain with the NAB.

The court granted Jokhio bail against a surety of Rs10 million and warned that it would be cancelled if any complaints were received against him.

Published in The Express Tribune, March 14^th, 2020.