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Petitioner alleges Creek Developers, BF Property, Construction Pakistan and AKD Capital Limited illegally granted permission
- Thursday, September 26, 2013 - From Print Edition



KARACHI :The Sindh High Court (SHC) has restrained the Defence Housing Authority (DHA) and others from launching the Creek Terraces and Creek View projects, also called Arkadians, at the Creek City in DHA Phase VIII till October 4.


The interim order came on a lawsuit filed by Zahidullah Khan, a resident of DHA, who sought injunction against the initiation of the project in question on amenity plots allocated for park, graveyard, school and sewerage treatment plant on Khayaban-e-Shaheen, Phase VIII.


The counsel of the petitioner Salahuddin Ahmed submitted that the DHA has launched projects in names of Creek Terraces and Creek View, Creek City in DHA, Phase-VIII on land which in the master layout plan is shown amenity area. But without the permission of the federal government the DHA illegally and without authorisation granted permission to the defendants Creek Developers, BF Property and Construction Pakistan and AKD Capital Limited to launch the said projects.


The counsel filed a statement before the court along with aerial view from the Google Map of the area showing that said area is assigned to the Creek Terraces and Creek View, Creek City launched by the defendants.


He placed reliance upon the high court’s judgment wherein the court observed that plots meant for municipal services and amenities cannot be leased, sub-leased, sold or transferred to any one person or to any one class of persons for the use of enjoyment rather it has to remain as a government property for public purposes for unhindered free access use and enjoyment of public at large.


He also submitted that the project in question was being built on land earmarked originally as amenity plots alleging that there have been blatant violations of the PPRA Rules 2004 in this project.


The court was prayed to declare that initiation of project on amenity plots allocated for park, graveyard, schools and sewerage treatment plant situated on Khayaban-e-Shaheen, Phase VIII, DHA, Karachi to a flat site and commercial usage is unlawful and same cannot be used for any other purpose.


The court issuing notices to DHA, Creek Developers (Pvt.) Limited, BF Property and Construction Pakistan (Pvt.) Limited and AKD Capital Limited for October 4 restrained the defendants from launching the projects, and ordered that status quo to be maintained till the next date of hearing.