SHC stays handing over of possession of properties in Eeman Shopping Mall
HYDERABAD: The Sindh High Court has stayed handing over of the possession of properties in Eeman Shopping Mall whose construction on a plot converted from residential to commercial has been challenged by the local resident.
The Hyderabad Circuit Bench comprising justice Muhammad Shafi Siddiqui and justice Muhammad Faisal Kamal Alam ordered on Thursday that no 'third party' interests should be created in the mall.
"… no third party interest shall be created on any part of the mall and that no possession of any part of the building shall be handed over to anyone," the bench ordered.
The SHC warned, violation of the order would be construed as contempt of the court and the alleged contemnors would be taken to the task.
The mall, whose structure has already been raised on a 1,110 square yards plot, is being built in Latifabad unit 3 on Autobahn road, a commercial hub in Hyderabad.
The mall is bounded by two residential plots on its both sides while the road in its front measures 80 feet and the road on its back 40 feet.
During the hearing advocate Jagdesh R Mulani, counsel for the respondent builder M/S Star Builders and Developers, shared many documents to adduce that the plot had been legally converted.
However, the bench pointed out that the lawyer had totally relied upon an alleged letter of conversion which had been issued by the Hyderabad Development Authority (HDA).
"When inquired as to under what regulation this plot … was converted into a commercial (one), the counsel was unable to satisfy on the basis of any rules, by-laws or regulations," the bench observed.
The court heard advocate Mullani for over half an hour to justify the conversion under the law but he failed to satisfy the court.
"He read certain reports before us but isn't in a position to refer to any rules, regulations or by-laws under which this plot was lawfully converted into a commercial one," the bench stated.
The SHC also ordered Director Sindh Building Control Authority Hyderabad region to appear in person before the court on the next date of hearing on February 26.
As many as 12 residents of Latifabad unit 3 had challenged the project in the SHC in 2016.
They maintained through their counsel advocate Faisal Nadeem Abro that the builders earlier bought an old bungalow on plot number A/6 and later demolished it citing the old structure.
However, he added, after razing the old structure the builder launched a commercial project on the plot which was located in a residential area.
He contended that the petitioners would be disturbed in their easement rights and their privacy after completion of the mall project.
They prayed the court to declare that the plot was a residential one and that it could not be converted into a commercial plot. - APP