Sindh Court takes action on petition against misuse of land allotment
The Sindh High
Court (SHC) has stepped into a dispute over the alleged commercial use of
an amenity plot in Clifton, issuing notices to the Sindh Building Control
Authority (SBCA), Karachi Development Authority (KDA) and other respondents on
a petition accusing the Pakistan Airlines'
Pilots Association (PALPA) of violating the terms of the land allotment.
A two-member constitutional bench headed by Justice
Yousuf Ali Sayeed directed the Director General of the SBCA to ensure the
appearance of the concerned deputy director, along with the complete record
relating to the plot, at the next hearing scheduled for August 3.
The court also issued notices to the Advocate General
Sindh and ordered the SBCA to submit a report on the status of complaints
previously filed by local residents.
Residents Challenge Alleged Commercial Conversion
The petition was filed by Zahid Khan and other residents
of Kahkashan, KDA Scheme-5, Clifton, who alleged that Plot No. ST-31, Block 5,
originally allotted to PALPA as an amenity plot, had been unlawfully converted
into a commercial educational institution.
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Represented by advocates Umair Nabi and Manzar Bashir,
the petitioners argued that PALPA had permitted the operation of the College of
Accounting & Management Sciences and PALPA Institute of Aviation and
Management Sciences (CAMS & PIAMS) in violation of the association's
constitution and applicable land-use regulations.
According to the petition, the land was originally
designated for a school, library and club facilities for PALPA members, but has
instead been sublet for the establishment of a full-fledged college, contrary
to the terms of its allotment.
Residents Cite Traffic, Security and Planning Concerns
The petitioners contended that the educational
institution's admission campaign and commercial activities had transformed the
amenity plot into a business venture, resulting in increased traffic, noise and
public movement within a residential neighbourhood.
They argued that the influx of students, faculty and
visitors threatens the area's security, safety and tranquillity, while also affecting
residents' right to peacefully enjoy their property.
The petition further claimed that the site does not meet
mandatory road-width and planning requirements prescribed under the Karachi
Building and Town Planning Regulations, 2002, making its use as a college or
university legally untenable.
Authorities Accused of Inaction
The residents told the court they had repeatedly
approached the SBCA, KDA and PALPA, including filing a complaint through the
SBCA's Smart Complaint Redressal Mechanism (SCRM) on July 6. Despite the
mechanism's prescribed timeline, they alleged no action had been taken,
prompting them to seek constitutional relief from the high court.
The petition also argued that PALPA, as a not-for-profit
organisation, risks undermining its legal status by generating revenue through
activities allegedly inconsistent with the original purpose of the allotted
land.
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Citing a 2015 Supreme Court judgment, the petitioners
maintained that amenity plots cannot be converted to any other use without
following the procedure laid down in law.
Court Seeks Record
Seeking immediate relief, the petitioners requested the
court to declare the establishment of the educational institution on the
amenity plot unlawful, direct the authorities to take action against those
responsible, and restrain the respondents from using the land for any purpose
other than that for which it was originally allotted.
Following a preliminary hearing, the
SHC issued notices to all respondents and directed the SBCA to produce the
complete record relating to the disputed plot, along with a report on the
complaints filed by the residents, at the next hearing on August 3.
Source: Dawn