SHC restrains KDA from cancelling plot leases, sealing properties in Mehran Town

The Sindh High Court (SHC) on Friday restrained the Karachi Development Authority (KDA) from taking any adverse or coercive action in respect of plots and properties of the Mehran Town scheme, including demolitions, sealing of properties, disconnection of amenities and cancellation of leases, till further orders.

The interim order came on lawsuits filed by allottees and owners of different plots in the Mehran Town scheme in Korangi. The counsels for the plaintiffs submitted that the KDA had received the entire price from the plaintiffs due against the subject plots and handed over the physical possession to them in accordance with the law.

They submitted that the plaintiffs were performing their legal business on most of their plots in their possession but the KDA and other civic authorities without issuance of any notice were attempting to demolish constructions carried out by the plaintiffs on the subject plots.

The SHC was informed that the land management department of the KDA had issued public notice and illegally cancelled the leases/allotments of the subject plots without affording opportunity of being heard to the owners of the subject plots.

The counsels submitted that the plaintiffs had obtained the utilities connections in their subject plots on the self-finance basis and the defendants were trying to disconnect the same. They submitted that the plaintiffs were apprehending mala fide action of demolition, sealing and cancellation of leases/allotments from the defendants and no order or direction had been passed by the Supreme Court in respect of the land where the subject plots were situated.

A single bench of the SHC comprising Justice Syed Hasan Azhar Rizvi, after the initial hearing of the case, issued notices to the Sindh advocate general, KDA and others, and restrained the defendants from taking any coercive or adverse action in respect of the subject plots that could include demolitions, sealing of properties, disconnection of the amenities and cancellation of leases.

In the meantime, the high court made it clear that if any order had been passed by the Supreme Court in respect of the land where the subject plots were situated, the interim order of the high court shall cease to have effect.

The Mehran Town area in Korangi has become a subject of litigation after 16 workers were killed in a factory fire in the area on August 27. The factory had been functioning on a residential plot with no safety measures for labourers put in place.

On Thursday, a magistrate has ordered the police to arrest former deputy commissioner and administrator of District Korangi and six others, including officials of the K-Electric (KE), Sindh Environmental Protection Agency (Sepa) and fire brigade, in connection with the Mehran Town factory fire.

In his order, the magistrate observed that the investigation officer of the case had “deliberately and mala fidely” omitted the name of these persons from the charge sheet although sufficient evidence was prima facie available against them suggesting that they had failed to perform their duties, which resulted in the devastating incident.