The court had ruled in the petitioner’s favour, allowing them to raise constructions as long as that was in accordance with building rules. PHOTO: PPI/FILE
The Sindh High Court has granted a request for early hearing of a couple's petition seeking direction for the relevant authorities to pay them an overdue payment of more than Rs1.7 million.
The amount is said to be lying outstanding against their land, which was acquired under the security plan for the adjacent British High Commission Office in Clifton.
Muhammad Sadiq and his wife, Yasmin Sadiq, went to court against several authorities.
The petitioners told the judges that they had purchased commercial plots near the British High Commission.
They informed that, after obtaining permission from the Sindh Building Control Authority (SBCA), they started construction.
However, the SBCA, in collusion with other government officials, later demolished the constructions on their plot without providing any valid order or lawful authority.
The couple submitted that they had instituted a lawsuit against the respondents, mentioning that the British High Commission had opposed it on grounds of disturbance to its privacy and security to the higher authorities and had gotten the construction work stopped on their plot, despite possessing no authority to do so.
The high commission later filed a written statement in the court, denying any collusion with the local authorities, said the petitioners.
The petitioners pointed out that after hearing the matter at length and with the consent of the parties, the court had decreed the case in their favour, allowing them to raise constructions as long as that was strictly in accordance with the approved plan and building rules.
However, the petitioners were still not permitted to restart construction, despite the court's ruling. Therefore, the petitioners said that they went to the court seeking contempt proceedings against the respondents.
To avoid that, the government issued an official notification under Section 4 of the Land Acquisition Act 1894. The then revenue deputy district officer of Saddar Town passed an 'award' in 2010, acquiring the land for just over Rs9.8 million. However, the petitioners were issued a cheque worth Rs8.1 million.
The petitioners alleged that the respondents are now avoiding payment of the remaining amount, which stands at just over Rs1.7 million. The court was pleaded to direct the respondents to pay the remaining amount with a 14 per cent annual markup from the date of the 'award'.
Published in The Express Tribune, April 13th, 2014.
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