Disputed land: DHA to hold launch of two projects

Petitioner claims land being used for projects was initially earmarked for amenity plots.

KARACHI:

The Sindh High Court has restrained the Defense Housing Authority (DHA) and others from launching two residential and commercial projects, Creek Terraces and Creek View, on the 43-acre land allegedly earmarked for amenities in Phase-VIII.

The stay order came on a suit filed by Zahid Ullah Khan, a resident of DHA, who had taken the DHA, Creek Developers Private Limited, BF Property and Construction Pakistan Private Limited and the AKD Capital Limited, to court.

Khan said that in October 2004, the DHA had had issued Expression of Interest for the projects - Creek Terraces and Creek View in Creek City - from renowned developers. The project comprises residential unit buildings and a commercial area, including shops for the said residence.



Of the 43 acres, 25 acres have been given to Creek Terraces and 18 acres to Creek View. “The original master plan of the same land, issued by DHA, shows amenity plots specifically allocated for a park, schools, sewerage treatment plant and a graveyard,” the petitioner argued, adding that the amenity plots were designed for the benefit and usage of general public as a necessity. Under the main lease issued to the DHA, these plots cannot be used for any other purpose nor can be sold, allotted or transferred to any private person including the builders, maintained Khan.

The petitioner’s lawyer, Barrister Salahuddin Ahmed, argued that the amenity plot cannot be in any way converted into any residential or commercial property - if anything, the same can only be reallocated for another amenity if so desired by the DHA. This in itself goes against the master plan and the public purpose for which the land was entrusted to the DHA, he added.

To support his arguments, the lawyer also referred to a judgment rendered by the SHC’s division bench in 2006, according to which no land meant for the amenity purpose can be utilised for any other purpose.

The court was asked to declare that launch of the commercial projects on the amenity land as illegal. Petitioner also said that these projects are liable to be cancelled for being launched in violation of the laws.

After the initial hearing, the bench issued notice to the DHA and other respondents for October 4, 2013. “In the meantime, the defendants are restrained to launch projects Creek Terraces and Creek View, Creek City in Phase-VIII, DHA till next date of hearing,” the bench ordered.

Published in The Express Tribune, September 26^th, 2013.