‘Illegal’ tax: Why DHA is levying refurbishment charges, asks SHC
The court orders joint hearing of all petitions involving the same controversy within two weeks.
Justice Aqeel Ahmed Abbasi, who headed the bench, also directed its office to club together all the petitions involving the same controversy and fix them before the same bench for hearing. PHOTO: EXPRESS/FILE
KARACHI:
The Sindh High Court (SHC) directed on Monday the Defence Housing Authority to file comments on the imposition and recovery of the allegedly illegal refurbishment charges.
Justice Aqeel Ahmed Abbasi, who headed the bench, also directed its office to club together all the petitions involving the same controversy and fix them before the same bench for hearing within two weeks.
Captain Abdul Haleem Siddiqui had taken the defence ministry and the DHA administrator to court over the levying of refurbishment charges.
The petitioner informed that in May this year the authority announced on its website the imposition of this charge on all categories of property. According to the announcement, Rs150 per square yard would be levied on residential plots, both constructed and open. Similarly, Rs750 per square yard would be levied on industrial plots either constructed or open, he informed.
The authority had also declared that no transfer, mutation, execution of B or C class leases would be affected unless the refurbishment charges are paid, he added. Siddiqui said his house on plot No. 38-B/1 in the central lane of Phase-II needed renovation and repairs, but the authority demanded these charges, which were illegal and unjust.
Siddiqui argued that the DHA had unilaterally applied the charges without consulting the stakeholders, including the residents, adding that no public notice was issued to raise objections, etc. The DHA has imposed and is recovering the charges, which was a violation of laws.
He pleaded to the court to declare the refurbishment charges illegal and restrain the DHA from imposing the same.
On Monday, the petitioner’s lawyer, Aijaz Khattak, disclosed there were other petitions involving the same matter pending in the court and requested to club this plea with them for a joint hearing.
Ordering the DHA to file its comments, the bench directed the office to fix all the similar petitions before the same bench on the same date for hearing within two weeks.
Published in The Express Tribune, August 27th, 2013.
The Sindh High Court (SHC) directed on Monday the Defence Housing Authority to file comments on the imposition and recovery of the allegedly illegal refurbishment charges.
Justice Aqeel Ahmed Abbasi, who headed the bench, also directed its office to club together all the petitions involving the same controversy and fix them before the same bench for hearing within two weeks.
Captain Abdul Haleem Siddiqui had taken the defence ministry and the DHA administrator to court over the levying of refurbishment charges.
The petitioner informed that in May this year the authority announced on its website the imposition of this charge on all categories of property. According to the announcement, Rs150 per square yard would be levied on residential plots, both constructed and open. Similarly, Rs750 per square yard would be levied on industrial plots either constructed or open, he informed.
The authority had also declared that no transfer, mutation, execution of B or C class leases would be affected unless the refurbishment charges are paid, he added. Siddiqui said his house on plot No. 38-B/1 in the central lane of Phase-II needed renovation and repairs, but the authority demanded these charges, which were illegal and unjust.
Siddiqui argued that the DHA had unilaterally applied the charges without consulting the stakeholders, including the residents, adding that no public notice was issued to raise objections, etc. The DHA has imposed and is recovering the charges, which was a violation of laws.
He pleaded to the court to declare the refurbishment charges illegal and restrain the DHA from imposing the same.
On Monday, the petitioner’s lawyer, Aijaz Khattak, disclosed there were other petitions involving the same matter pending in the court and requested to club this plea with them for a joint hearing.
Ordering the DHA to file its comments, the bench directed the office to fix all the similar petitions before the same bench on the same date for hearing within two weeks.
Published in The Express Tribune, August 27th, 2013.