The respondents’ counsel requested more time, saying that they had sent the reply for final approval from their clients. PHOTO: LHC.GOV.PK
Justice Ayesha A Malik of the Lahore High Court on Wednesday admonished the administration of Fortress Stadium and the builders and marketers of Fortress Square plaza and directed them to file replies by Friday on a petition challenging the construction of the plaza.
The judge asked the counsel for the respondents why they were not filing their replies. She then set a Friday deadline for the submission of replies.
The respondents’ counsel requested more time, saying that they had sent the reply for final approval from their clients.
The judge was hearing a petition by Nayyer Khan, who said the stadium was specified for military purposes and no commercial activity should be allowed there.
Justice Malik brushed aside the contention of DUPAK, the builders and marketers of the plaza, that the petitioner was not affected by the project and therefore was not eligible to file the petition. The judge said it was a public interest case and there was no question of locus standi.
The petitioner’s counsel, Saad Rasool, requested the court for a stay on development work on the plaza. The judge said the matter would be discussed on the next hearing.
The law officer for the federal government presented a copy of a notification dated December 31, 2008 from the Ministry of Defence as proof of permission of commercial activity on the A-1 category of land in the Cantonment.
However, the judge said the notification was irrelevant as it pertained to activities for welfare of troops, and not commercial activities.
On a previous hearing the administration of the Lahore Cantonment Board had said in its reply that under Rule 4 of the Cantonments Land Administration Rules, 1937, the land in the cantonment was divided into classes A, B, and C.
Categories A and B belonged to the federal and the provincial government. As per Rule 9 of the 1937 Rules, management of class C land was with the LCB. Rasool had said the shopping complex built on 60,942 square feet had been constructed in violation of the law. He said the land belonged to the federal government but the Fortress Stadium Management had leased it out to DUPAK Developers Pakistan on October 27, 2007, for 33 years, to construct a plaza. He said the construction was complete and the management was handing over possession of shops. The agreement with DUPAK Developers states that Pakistan Army owned the land when, in fact, the land belonged to the federal government, he said. He said according to a letter by the military estate officer, the land was specified as Class-AI land and was reserved only for military purposes. He said the FSM, an unregistered private entity, with no legal standing or part in the government, did not have the authority to lease out the land. He asked the court to declare the lease illegal.
Published in The Express Tribune, May 29th, 2014.
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