SHC suspends KMC’s notification to make by-laws for North Nazimabad Gymkhana

The Sindh High Court (SHC) has suspended the Karachi Metropolitan Corporation and District Central deputy commissioner’s (DC) notification and circular with regard to elections of the North Nazimabad Gymkhana till further orders.

The interim order came on a lawsuit filed by the North Nazimabad Gymkhana challenging the DC’s circular for conducting elections of the managing committee of gymkhana.

The plaintiff’s counsel, Shahab Imam, had submitted in the petition that then city district government Karachi in January 2009 granted lease of two amenity plots in North Nazimabad Block G for a period of 30 years for the purpose of a gymkhana that had been established under a deed of declaration of trust and memorandum of association.

The counsel had submitted that a KMC senior director issued a notification with regard to making by-laws of the gymkhana while the DC issued a circular for resuming the responsibilities to conduct the elections of the gymkhana managing committee to get its control.

He submitted that the gymkhana was an independent and distinct legal entity governed by its own by-laws and code of conduct and the impugned notification and circular had been issued by the defendants under colourable exercise of powers.

He requested the high court to grant injunction on the impugned notification and circular, and restrain the defendants from taking any coercive action against the plaintiff.

A single bench of the high court comprising Justice Zafar Ali Rajput after a preliminary hearing of the lawsuit issued notices to the KMC and others, and called their replies.

The SHC in the meantime suspended the impugned notification and circular till the next date of hearing.

Encroachment

The SHC has also disposed of a petition against encroachments on an amenity plot in Federal B Area and directed the petitioner to approach a relevant court for redress of grievance.

The petitioner had submitted in the petition that a private builder had encroached upon a portion of a public park for the construction of a multi-storey building.

He had submitted that the Sindh Building Control Authority’s (SBCA) officials did not take action against the unauthorised construction.