A petitioner has appealed against a court decision permitting construction on land initially designated for public amenities in Karachi.
Karachi, Pakistan: The Sindh High Court (SHC) has reaffirmed a prior order that prevented the conversion of 43 acres of land originally set aside by the Defense Housing Authority (DHA) in Karachi for public amenities like parks, schools, sewage treatment plants, and graveyards into a site for high-rise residential towers in DHA Phase VIII, Karachi.
Previously, the SHC had rejected an injunction application in which a DHA resident, Zahidullah Khan, filed a lawsuit against the DHA, Creek Developers, BF Property and Construction, and AKD Hospitality in 2013. Khan has now filed an appeal against the verdict, criticizing the DHA for repurposing reserved land for a residential project. He has urged the court to halt any construction, sale, or advertising related to the Creek Terraces and Creek View development.
After hearing both sides, a division bench has reinforced the previous order, maintaining the restriction on the respondents from creating any third-party interests and preventing any occupation of the property until the next hearing.
The court has also issued a warning to the public, advising against engaging in any sale, lease, or transaction related to Creek Terraces and Creek View (Arkadians).
In October 2013, the SHC reserved its final decision on whether the 43-acre disputed land is exclusively meant for amenity purposes, allowing private builders to continue construction at their own risk and cost. A single bench, led by Justice Syed Hasan Azhar Rizvi, had temporarily permitted construction until November 12, amending its previous order, which had called for an immediate halt to construction.
The petitioner argued that the original DHA master plan designated the land for amenities, including a park, schools, sewage treatment plants, and a graveyard. The petitioner’s lawyer, Barrister Salahuddin Ahmed, contended that the amenity plot should not be converted into residential or commercial property.
DHA’s lawyer, Abid S. Zuberi, argued that the area was not intended for amenity purposes, reiterating that the projects were part of the Creek City project, which covers 90 acres.
Creek Developers stated that the project was launched on July 12, 2003, and construction began in 2009. They have requested the court to modify its previous restraining order and permit them to proceed with construction at their own risk and cost, assuring that no third-party interests will be created until the case is resolved.
