Amenity plot allotment: SC grants leave for appeal to Kanpur Old Boys Association
The association had approached the apex court against dismissal of petition by SHC
Supreme Court. PHOTO: EXPRESS/FILE
KARACHI:
The Supreme Court (SC) granted leave for appeal to the Kanpur Old Boys Association in a case relating to the allotment of a 5,000-square-yard amenity plot in Karachi.
A two-member bench, comprising justices Gulzar Ahmed and Maqbool Baqar, was hearing the application of the association at the SC's Karachi Registry on Friday.
The association had approached the apex court against the dismissal of its petition by the Sindh High Court (SHC), which had accepted the local administration's petition regarding the issuance of challan to the association regarding the 5,000-square-yard amenity plot in Block-1, Scheme 36, Karachi Development Authority (KDA).
Read: Supreme Court ruling: ‘Party chiefs cannot influence legislators’
The ombudsman had ordered the authorities issue the challan of balance occupancy (charges) for allotment of the amenity plot. Later, the then city district government appealed to the Sindh governor, who also rejected their plea.
However, the city district government assailed the orders of the ombudsman and the governor before the SHC, which accepted its petition. The city government had argued that the ombudsman had erred in the order by giving the allotment in favour of Nazeer Khan Adib of Kanpur Old Boys Association on September 11, 2008. It claimed that the association did not fulfil necessary requirements for issuance of challan.
The association informed the apex court that the city government's action of not issuing challan in respect of the amenity land was illegal since no show-cause notice was never served on the association, thus, the action initiated against it was illegal.
The court was pleaded, therefore, to set aside the SHC's order and grant the petitioner a leave to appeal. The SC's bench granted leave to appeal to the petitioner and issued notices to the Karachi Metropolitan Corporation authorities to file their comments by the next date of hearing.
Published in The Express Tribune, September 6th, 2015.
The Supreme Court (SC) granted leave for appeal to the Kanpur Old Boys Association in a case relating to the allotment of a 5,000-square-yard amenity plot in Karachi.
A two-member bench, comprising justices Gulzar Ahmed and Maqbool Baqar, was hearing the application of the association at the SC's Karachi Registry on Friday.
The association had approached the apex court against the dismissal of its petition by the Sindh High Court (SHC), which had accepted the local administration's petition regarding the issuance of challan to the association regarding the 5,000-square-yard amenity plot in Block-1, Scheme 36, Karachi Development Authority (KDA).
Read: Supreme Court ruling: ‘Party chiefs cannot influence legislators’
The ombudsman had ordered the authorities issue the challan of balance occupancy (charges) for allotment of the amenity plot. Later, the then city district government appealed to the Sindh governor, who also rejected their plea.
However, the city district government assailed the orders of the ombudsman and the governor before the SHC, which accepted its petition. The city government had argued that the ombudsman had erred in the order by giving the allotment in favour of Nazeer Khan Adib of Kanpur Old Boys Association on September 11, 2008. It claimed that the association did not fulfil necessary requirements for issuance of challan.
The association informed the apex court that the city government's action of not issuing challan in respect of the amenity land was illegal since no show-cause notice was never served on the association, thus, the action initiated against it was illegal.
The court was pleaded, therefore, to set aside the SHC's order and grant the petitioner a leave to appeal. The SC's bench granted leave to appeal to the petitioner and issued notices to the Karachi Metropolitan Corporation authorities to file their comments by the next date of hearing.
Published in The Express Tribune, September 6th, 2015.