SHC upholds stay on commercial use of cantonment land

Station commander has filed an application to become a party in the case

KARACHI:

The Sindh High Court (SHC) on Wednesday upheld the restraining order on commercial use of land acquired for defence purposes.

The bench was hearing a petition to stop commercial activities in public places in DHA and cantonments.

The court sought arguments from Defence Housing Authority's counsel for admissibility of the claim and from the counsel of the station commander for maintainability of his application to become a party to the case.

The station commander filed an application to become a party in the case. His counsel argued that the station commander was the competent authority and only he could inform the court for what purpose the land was allotted.

Meanwhile, DHA Counsel Abid Zuberi contended that the claim under section 42 of the Civil Code was not admissible as no legal rights of the claimants were affected. "A constitutional petition can be filed for the implementation of fundamental and moral rights," Zuberi argued.

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The court remarked that the precedents you have given do not correspond to the facts of this claim. The DHA's counsel argued that time should be allowed for further arguments.

Petitioner Khawaja Shams-ul-Islam's counsel stated that the court had ordered to stop commercial work on the land of DHA and cantonments.

"Weddings are still being held at COD and PAF Museum. A showroom has been set up in the Zamzama Park," he argued, seeking court orders to seal marriage halls in cantonment areas. "The Islamabad High Court has closed Navy Club in Islamabad," the counsel argued.

Published in The Express Tribune, December 16^th, 2021.