Residential plots still being used for commercial purposes, SHC told

The counsel who challenged the commercialisation of residential plots in Lines Area told the Sindh High Court on Monday that residential plots were still being used for commercial purpose in Lines area development project.

The court was hearing the petition of Agha Syed Attaullah seeking implementation of court directives against use of residential plots for commercial purposes in Gulshan-i-Zahoor. The court at a previous hearing had directed the Karachi Metropolitan Corporation, the Sindh Building Control Authority and the Director Lines Area Re-Development Project to ensure that absolutely no commercial activity was allowed on residential plots in the city.

The KDA director general submitted comments mentioning that court directives had been complied with in letter and spirit and no residential property was allowed to be used for commercial purpose. He said that the Supreme Court’s order was also being implemented with respect of the commercial use of amenity plots.

The petitioner had submitted that the residential plots of Gulshan-e-Zahoor were still being used for commercial purpose with the active connivance of the respondents. He submitted that unlawful conversion of residential plots into commercial purposes frustrated the residential scheme and on the other hand commercial activities in the congested residential locality had created public nuisance, unlawful obstruction and physical discomfort.

He asked the court to direct the respondents to fix responsibility on those who were held responsible for having connived and thus provided shelter to the unlawful commercial activities on the residential plots. He also requested the court to direct the respondents to proceed according to the law and forfeit the lease of those residential plots.

The court directed the petitioner to submit comments in response to the KDA report and adjourned the hearing. The SHC on November 20, 2012 had ordered the Sindh Building Control Authority, the Karachi Municipal Corporation and the LRDP to ensure that no commercial activity was allowed in respect of the subject properties and also in respect of other properties within their jurisdiction, including that of the petitioner, without any discrimination at all.

The petitioner submitted that the court had also ordered that in case anyone indulged in the misuse of property appropriate action in accordance with law be initiated against such person.

He stated that despite the lapse of six years, the orders of the court had not been complied with in letter and spirit.