NGO told to pay Rs. 50, 000 for filing frivolous plea
KARACHI, Nov 13: The Sindh High Court on Tuesday directed a non-governmental organisation (NGO) to pay Rs50,000 as costs for filing a frivolous petition.
The amount would be deposited with the nazir within 15 days and would be utilised for lawyers’ library in the court, the order passed by a division bench comprising Justices Munib Ahmed Khan and Abdur Rehman Farooq Pirzada said. The bench observed that the petitioner NGO, Citizens Welfare Society, moved a petition without ascertaining the factual position and made baseless averments as borne out by the nazir’s inspection report.
There was no substance in the allegations and the NGO wasted the court’s time by filing a frivolous petition and then insisting on the veracity of averments. It contested an authentic report submitted by the respondent Karachi Building Control Authority (KBCA) and termed it bogus, necessitating inspection of the site by the SHC nazir, the bench further remarked while dismissing the petition with costs.
The Citizens Welfare Society had moved a petition alleging that illegal structure was being raised on plot number 266, Artillery Maidan, Saddar, adjacent to Co-operative Market. Among other violations, the petitioner alleged that the structure had covered the compulsory open space and encroached upon the adjoining footpath. The KBCA staff was conniving with the builder/owner and the authority was taking no action. The court issued notice to the KBCA and directed it to submit para-wise comments.
The KBCA said in its report that the building on the 17,083-square-feet plot, known as Fort Mansion, was constructed in 1936. The residential-commercial site previously housed a sweetmeat shop, which was later converted into a mobile phone and electronic goods market. The owner applied for additions and alterations only in a part of the old building measuring 543 square feet. The proposed changes were approved by the KBCA and a completion plan was issued in October 2004. The owner submitted another alteration/addition plan for another portion of the building measuring 2,851 square feet, which was approved by the KBCA in January 2005.
After completion of the alteration/addition work, the KBCA said in its rejoinder, the owner submitted a completion and regularisation plan with new size of shops to meet the requirements of a mobile phone and electronic goods market. There was no change of land use and the KBCA issued the completion certificate in accordance with the rules and the approved design for alterations. The petition had been filed only to harass the KBCA and its officials, the rejoinder said.
The petitioner disputed the factual position submitted by the KBCA and the court decided that an inspection would be carried out by the nazir to ascertain the truth of the matter. It was decided that if the allegations were found to be without substance as stated by the KBCA, ‘heavy costs’ would be imposed on the petitioner.
An inspection was finally carried out on Nov 3 and the nazir confirmed the KBCA statement. The inspection report was placed before court as the petition came up for hearing on Tuesday.
Meanwhile, the Sindh High Court directed the establishment division to keep a post in Grade-19 vacant pending hearing of a petition by a Grade-18 police officer.
Muzaffar Ali Shah, senior superintendent of police, submitted through Advocate Mansoorul Haq Solangi that he was duly qualified for promotion to Grade-19 but was being ignored by the central selection board.
Officers junior to him were being considered for promotion while his case was not due for consideration in the forthcoming meeting of the board.
Source: Dawn
Date:11/14/2007
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