ORDER SHEET
IN THE HIGH COURT OF SINDH,
KARACHI
C.P. No.D-242 of 2018
__________________________________________________________________
Dated: Order with signature of
Judge(s)
__________________________________________________________________
1. For order on
Misc. No.938/2018
2. For order on
Misc. No.939/2018
3. For order on
Misc. No.940/2018
4. For hearing of
main case.
10.01.2018
Mr. Abid Akram advocate for petitioner.
______________
1) Urgency granted.
2) Exemption granted subject to all just
exceptions.
3&4) Per learned counsel for the petitioner, the
petitioner is owner of Plot No.E-11, Block-A, Gulshan-e-Jamal, Pakistan Railways Employees Cooperative
Housing Society, Faisal Cantt, Karachi admeasuring
349 square yards, which was purchased by the petitioner alongwith building
constructed thereon through registered Conveyance Deed available as annexure
“A-1” at page-15. Learned counsel contends that application was submitted to
the respondent No.5 on 20.03.2010 for commercialization
of the subject property and recently on 08.01.2018 petitioner has paid an
amount of Rs.87,50,000/-
through pay-orders to the respondent No.5 for
conversion of property from residential to commercial. Photocopies of aforesaid
pay orders are available as annexure “D/4 to D/7 with MoP.
Learned counsel for the petitioners submits that subject plot is under process
for commercialization before respondent No.5 but the
respondents Nos.3 and 4, who are officials of
respondent No.2, visited the subject property of the
petitioner with heavy machinery to demolish the same without any notice to the
petitioner. Issue notice to the respondents and Additional Attorney General for
25.01.2018. Till next date of hearing, no coercive action should be taken
against the petitioner in respect of subject property.
In view
of above position, Nazir is hereby appointed as
Commissioner to carry out inspection on the subject property himself or through
his nominee after issuance of notice to respondents within seven days’ time.
Learned Commissioner is directed to take photographs at the time of inspection
and submit comprehensive report to this Court before next date of hearing.
Inspection fee is fixed at Rs.20,000/-,
to be paid by the petitioner directly to learned Commissioner in advance.
JUDGE
JUDGE