SHC bars CBC from taking action against Bahria Town

KARACHI: Sindh High Court (SHC) on Monday barred Clifton Board Cantonment (CBC) from taking any adverse action against Bahria Town in connection with its ongoing construction work on a high-rise building ‘Opal 225’ in Karachi.

Justice Muneeb Akhtar, who headed a single bench of SHC, issued an interim order while hearing a lawsuit filed by Bahria Town seeking an injunction against defendant CBC.

The judge also issued notice to executive officer CBC, asking him to submit reply in response to the lawsuit by April 30. The court directed real estate concerned to carry out work in accordance with approved plan.

Plaintiff’s counsel Muhammad Umar Lakhani stated that a real estate ‘Zardari Group’ were given approval for construction of a high-rise by CBC on plot no.22 at Raja Ghazanfar Ali Khan Road. Zardari Group and Bahria Town had entered a joint venture agreement in order to carry out construction on high-rise in accordance with the approval, he added.

Lakhani said that since the construction work on the project was underway, CBC had issued two notices on different dates, one on 17 December 2013 and other on 21 March 2013 stating that construction was being carried out in violation of the relevant laws and approved plan. It also threatened to stop construction work.

He claimed that construction was being carried out strictly in accordance with the approved plan. The approval for construction was granted by Executive Board of CBC, but subordinate authorities, who he claimed to have no jurisdiction, had issued notices, he added.

He said that substantial amount had been spent on the construction. If the construction is halted, it would cause huge loss to plaintiff and his partner.

Plaintiff requested the court to restrain defendant – CBC from taking any action in pursuance of its notice issued to it.

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