'Opal 225': SHC bars CBC from taking adverse action

16 Apr, 2014

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 a reply in response to a lawsuit by April 30. The court directed real estate concerned to carry out work in accordance with the approved plan. Plaintiff's counsel Muhammad Umar Lakhani stated that a real estate 'Zardari Group' was given approval for the construction of a high-rise by CBC on plot no.22 at Raja Gazanfar Ali Khan Road. Zardari Group and Bahria Town had entered a joint venture agreement in order to carry out the construction on high-rise in accordance with the approval, he added.
Lakhani said that since the construction work on the project was under way, 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 a substantial amount had been spent on the construction. If the construction was halted, it would cause huge loss to plaintiff and his partner. The plaintiff requested the court to restrain defendant, CBC, from taking any action in pursuance of its notice issued to it.

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