SHC refers back commercialisation of residential properties on Stadium Road to civic agencies

The Sindh High Court (SHC) has referred the matter with regard to commercialisation of two residential properties on Stadium Road to civic authorities with a direction to the owners to move a fresh application for the conversion of the properties from residential to commercial if they so desired.

The high court in the meantime directed that no construction be carried out on the disputed properties in any manner whatsoever. The order came on petitions of Abdul Razzak Dawood and others with regard to the commercialisation of two residential properties in Dawood Cooperative Housing Society, Gulshan-e-Iqbal, and the construction of a multi-storey building on them.

The petitioners had submitted that the residential properties had illegally been declared as commercial properties by the Karachi Metropolitan Corporation and other civic agencies in violation of the building and town planning regulations. They submitted that the plots had been converted from residential to commercial without fulfilling the codal and legal formalities.

They submitted that the amalgamation was only possible up to maximum of 1,200 square yards whereas the amalgamation of the area of the two plots would come to 2,000 square yards which was not inconsonance with the permissible area as given in the regulations. They questioned the grant of permission with regard to the height of the multi-storey building from the Civil Aviation Authority and the Pakistan Air Force. They sought an injunction against the construction of a multi-storey building on the subject plots.

A counsel for the owners defended the commercialisation of the properties, submitting that the entire Stadium Road has been declared a commercial road by the KMC on May 29, 2013. He submitted that the commercialisation of the properties was duly authorised by then administrator of the KMC who had full authority under the Sindh local government law.

He submitted that all the necessary legal requirements regarding issuance of public notice and gazette notification had duly been fulfilled by the owners of the properties.

A division bench of the SHC headed by Justice Irfan Saadat Khan, after perusal of the record, and hearing arguments of the counsel observed that it was mystery that under what circumstances, the entire road had been declared commercial without taking approval from the residents of the other residential properties, excluding the two properties.

The court observed that the Supreme Court had also taken notice in respect of boom of commercialisation of various roads of Karachi, including Sharea Faisal and other main roads of the city, and even ordered demolition of buildings and marriage halls which were found to be illegally constructed on them, and those which were found to be in any residential area being operated for the commercial purpose.

The high court observed that though the properties were declared commercial by then KMC administrator but the KMC’s counsel submitted that the properties even today has been mentioned as a residential property in the KMC record.

The bench observed that the relevant government departments had not been taken into consideration the legal and factual position of the case as well as the Supreme Court orders on the subject issue.

The high court expressed reservations to the extent of purported permission granted by then KMC administrator for the subject project for commercial purposes, observing that the permission needed to be looked into afresh after appropriate proceedings if the owners of the properties approached them for the aforesaid purpose and the same shall be decided strictly under the law and relevant rules and regulations.

The SHC referred the matter once again to the relevant authorities with a direction to the private owners to move afresh application for the conversion of the properties from residential into commercial if they so desired.

The high court directed the relevant authorities to decide the application of owners, which should be complete in every aspect, within three months keeping in view of various directions issued by the Supreme Court in respect of commercialisation of main roads or properties situated in a residential area.

The bench, in the meantime, directed that no construction should be carried out on the disputed properties involved in the petitions in any manner whatsoever. The high court observed that the process of the amalgamation of properties would thereafter follow after completion of the conversion of properties in view of relevant rules and regulations.