Station Commander files application to become party in lawsuit against cantonments

KARACHI: The Sindh High Court on Wednesday directed the counsel for Defence Housing Authority to cite proper case laws to support his arguments that a suit seeking the court to declare DHA could not reclaim land from seashore is not maintainable.

The plaintiff Farhan Wazir and others, mostly residents of Defence Housing Authority (DHA), had approached the SHC under the Whistleblowers Protection and Vigilance Commission Ordinance 2019 against DHA, Karachi Port Trust (KPT) and various cantonment boards and government official to bring forward their illegalities in reclaiming seashore lands and use of public space for commercial activities.

The counsel for DHA in his argument questioned the maintainability of the suit on touchstone of section 42 of the Civil Procedure Code submitting that none of the plaintiffs had approached the court for the safeguard of their right to legal character or property.

A two-member bench headed by Justice Aqeel Ahmed Abbasi on December 13, while disposing of an intra court appeal against December 1, order of the Justice Zulfiqar Ahmed Khan in the lawsuit in hand had directed the appellants DHA and others to file their objections to a report of official assignee as well as on contempt application. The bench in its order had observed the directions issued on the report of official by the single judge shall not implemented and no adverse inference be drawn and the application challenging the maintainability of the suit would first be heard.

The DHA counsel stated in his argument before the single judge on Wednesday that the plaintiffs had not cited any legal right that was disturbed by the defendants nor they had any claim against the defendant involving their property.

The counsel contended that for enforcement of fundamental or moral rights the plaintiffs should have invoked constitutional jurisdiction of the court.

Justice Zulfiqar Ahmed Khan, however, observed that the case laws cited by the DHA counsel had no relevance with the facts of plaint in hand.

The station commander Karachi of Pakistan Army also filed an application to become party to the proceedings. The court issued notice on the application and directed his counsel to advance argument on the maintainability of the application on next date of hearing.

Faisal cantonment in his reply to the contempt of court application filed by the plaintiffs submitted the order of October 22 was not related to it.

The administrator and secretary DHA in their replies to contempt application submitted that as far as the order regarding reclamation of seashore land was concerned it had been fully complied with. They further submitted the commercial activities were being conducted on the land that had been leased to DHA. The counsel for the KPT sought time to file reply.

Directing the counsel for DHA to cite proper case laws to back his challenge to the maintainability of the suit the court deferred further hearing till January 10, 2020 and observed that the ordered passed on October 22 for halting further reclamation of seashore land and commercial activities at public spaces in the areas under the control of the defendants would continue till next date.