SHC questions legality of sale of portions in residential units

The Sindh High Court (SHC) on Wednesday questioned the legal status of portions being raised by a builder on a single residential plot in Sindhi Muslim Society and directed a counsel to satisfy the court on the maintainability of the petition.

The observation came on a petition of Amir against the construction of additional floors on a residential plot situated in Sindhi Muslim Society. The petitioner submitted that they had purchased the first and second floor on the plot but the private builder were raising third and fourth floors in violation of the law.

A division bench of the high court headed by Justice Syed Hasan Azhar Rizvi questioned the legal status of a portion being sub-leased by the builder. The high court observed that several families had been accommodated in a single residential plot, questioning the supply of amenities to the residents.

The SHC observed that the sub-registrar offices were allowing sub-leases on residential area in violation of the law. The bench took exception to non-filing of comments by the Sindh Building Control Authority (SBCA) and directed a law officer to file comments on the next hearing.

Dairy farmers’ plea

The SHC dismissed a petition filed by a dairy farmers association against the notification of production, wholesale and retail prices of milk by the Karachi commissioner.

The high court was informed that the commissioner had on December 12, 2021, notified the wholesale and retail prices of fresh milk with six per cent fat in Karachi Division without consulting the petitioner association.

The petitioner submitted that they may be allowed to sell fresh milk at a higher retail price and the official functionaries be restrained from taking any coercive action against them in that regard.

After the perusal of the petition, the SHC observed that the only ground advanced was that the petitioner was not consulted prior to the issuance of the impugned notification. The high court observed that the petitioner’s counsel during the course of submission could not point out any provision of law to substantiate the assertion that consultation with the petitioner was necessary or otherwise advanced any argument as to any defect in the impugned notification justiciable under the Article 199 of the Constitution.

The high court observed that the case of the petitioner appeared to be misconceived and devoid of force and dismissed their petition in limine along with other pending miscellaneous applications

Appeal dismissed

The SHC dismissed the appeal of a convict in a police encounter and attempt to murder case. Sajjad was sentenced to five years in prison over charges of police encounter and attempt to murder. According to the prosecution, the Shah Latif police received information that three suspects had been in the locality after snatching a car from tge Ferozabad area on November 28, 2019.

The police intercepted the suspects who opened fire on them. As a result, Head Constable Nazakat was injured. The appellant was arrested after the shootout. A counsel for Sajjad submitted that he would be satisfied and shall not press the petition if the five-year sentence was reduced to one already undergone by the appellant.

A division bench comprising Justice Mohammad Karim Khan Agha and Justice Khadim Hussain Tunio after hearing the case observed that the prosecution had proved its case beyond any reasonable doubt.

The bench dismissed the appeal of the convict under the section 24 of the Sindh Arms Act but modified the sentence awarded to him to one already undergone. The high court also set aside the conviction of the appellant under the Anti-Terrorism Act as the case did not fall within the ambit of the anti-terrorism law.