DHA refurbishment charges: SHC directs petitioner to make federal govt a party to the case
Petitioner tells the court that DHA not authorised to charge for renovation or maintenance.
"This is highhandedness and an illegal and unjustified demand," Petitioner Muhammad Ali Raza Khan. PHOTO: EXPRESS/FILE
KARACHI:
The Sindh High Court allowed 15 days to a petitioner, who had challenged imposition of refurbishment charges by the Defence Housing Authority, to make the federal government a party in the proceedings.
The bench, headed by Justice Irfan Saadat Khan, also directed that all petitions pertaining to refurbishment charges be clubbed together for a joint hearing at the next date.
Muhammad Ali Raza Khan, a resident of DHA, Karachi, had taken the Pakistan Defense Housing Officer Authority and the Clifton Cantonment Board to the court over alleged illegal imposition of refurbishment charges. In his petition, Khan stated that he owned a 500-square yard plot no. 5-B/2 in South Circle, Phase II, which was constructed as a one unit house in 1987-88. To prevent damage to the old building, he tried to get some maintenance work done but DHA instructed him to pay the refurbishment charges before seeking permission for the same, he added. Furthermore, he said that the authority’s role is to only allot the land to the personnel of the armed force and doesn’t have the mandate to charge the residents or owners of property within its territorial jurisdiction for renovation or maintenance.
According to the petitioner, he had purchased the land in question from its previous owner through ‘B’ lease after paying all the applicable charges and is not required to pay the refurbishment charges. “This is highhandedness and an illegal and unjustified demand,” argued Khan, adding it was the duty of the housing authority to get such maintenance work done for its members.
He pleaded before the court to restrain DHA from demanding unjust and unlawful refurbishment charges.
Meanwhile, the judges observed that the federal government appears to be a necessary party and the petitioner should include it the proceedings.
The petitioner requested for time to include the federal government and file an amended title of the plea following which the bench allowed him 15 days.
Published in The Express Tribune, July 3rd, 2013.
The Sindh High Court allowed 15 days to a petitioner, who had challenged imposition of refurbishment charges by the Defence Housing Authority, to make the federal government a party in the proceedings.
The bench, headed by Justice Irfan Saadat Khan, also directed that all petitions pertaining to refurbishment charges be clubbed together for a joint hearing at the next date.
Muhammad Ali Raza Khan, a resident of DHA, Karachi, had taken the Pakistan Defense Housing Officer Authority and the Clifton Cantonment Board to the court over alleged illegal imposition of refurbishment charges. In his petition, Khan stated that he owned a 500-square yard plot no. 5-B/2 in South Circle, Phase II, which was constructed as a one unit house in 1987-88. To prevent damage to the old building, he tried to get some maintenance work done but DHA instructed him to pay the refurbishment charges before seeking permission for the same, he added. Furthermore, he said that the authority’s role is to only allot the land to the personnel of the armed force and doesn’t have the mandate to charge the residents or owners of property within its territorial jurisdiction for renovation or maintenance.
According to the petitioner, he had purchased the land in question from its previous owner through ‘B’ lease after paying all the applicable charges and is not required to pay the refurbishment charges. “This is highhandedness and an illegal and unjustified demand,” argued Khan, adding it was the duty of the housing authority to get such maintenance work done for its members.
He pleaded before the court to restrain DHA from demanding unjust and unlawful refurbishment charges.
Meanwhile, the judges observed that the federal government appears to be a necessary party and the petitioner should include it the proceedings.
The petitioner requested for time to include the federal government and file an amended title of the plea following which the bench allowed him 15 days.
Published in The Express Tribune, July 3rd, 2013.