SHC seeks comments on plea against commercial use of property in residential area

The Sindh High Court (SHC) has directed the Sindh Building Control Authority (SBCA) and Karachi Metropolitan Corporation (KMC) to file comments on a petition against the commercial use of a property in the residential area of the old Sabzi Mandi.

Petitioner Khalida Shakeel had submitted in the petition that she was residing in Goharabad in the Old Sabzi Mandi area where a residential building near her house was being used for a commercial purpose.

She submitted that a private respondent was using heavy machinery that had not only affected the houses of neighbours but also damaged the streets and drainage system in the area in addition to causing air and water pollution. She submitted that the local administration had been approached to stop illegal commercial activities in the residential area but no action was taken by the KMC or the SBCA.

She submitted that the Supreme Court had held in various judgments that commercial activities could not be done on a residential area and official respondents had failed to comply with the court directives.

A counsel for the petitioner also filed an application for appointment of the Nazir of the court to inspect the site situated in Goharabad, Old Sabzi Mandi. The counsel submitted that heavy machinery had been installed by the private respondent that generated huge vibrations in the surroundings causing damage to residential houses in the vicinity of the petitioner and others.

The high court was requested to restrain the private respondent from using the residential property for commercial purposes and direct him to pay compensation for damages occurred to the house of the petitioner due to his illegal act. A division bench headed by Justice Syed Hasan Azhar Rizvi directed the SBCA, KMC and private respondent, and called their comments by November 23.

Plea against eviction

The SHC directed a provincial law officer to file comments on a petition against eviction notice by the education department.

Petitioner Nafisa Shabbir had submitted in the petition that she was the lawful owner of a heritage property in the Serai Quarters Karachi and had been maintaining the property through her own resources.

She submitted that the high court had earlier directed the heritage department to take up the matter with regard to restoration of the building, which was in a dilapidated state as the government school housed there had been shifted to another locality.

She submitted that the education department of District South had issued on May 17, 2022, a notice, directing her to vacate the premises.

She submitted that the notice was illegally issued due to ulterior motives as the education department could not issue any eviction notice as the school there had been shifted from the premises in the mid-90s.

She said she had been maintaining the property with meager income generated from the rent of a warehouse on the lower floor of the building. The court had earlier suspended the impugned order of the education department and directed the provincial law officer to file comments on petition within six weeks.