SHC returns the commercialization of residential properties on Stadium Road to private institutions

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The Sindh High Court (SHC) has referred matters related to the commercialization of two residential properties on Tiyu Road to the municipality and instructed the owners to submit a new application to convert the properties from residential to commercial, if they wish.

The High Court also instructed that the disputed property should not be constructed in any way. The order was issued in a petition by Abdul Razzak Dawood and others regarding the commercialization of two residential properties of Dawood Cooperative Housing Society Gulshan-e-Iqbal and the construction of multi-storey buildings on them.

The petitioner submits that the Karachi Metropolitan Corporation and other municipal agencies violated construction and urban planning regulations by illegally declaring residential properties as commercial properties. They proposed that these plots have been converted from residential to commercial land without fulfilling statutory and legal procedures.

They proposed that the combined area can only reach 1,200 square yards at most, and the combined area of ​​the two plots will reach 2,000 square yards, which is inconsistent with the allowable area required by the regulations. They questioned the permission of the Civil Aviation Administration and Pakistan Air Force regarding the height of multi-storey buildings. They seek a ban on the construction of multi-storey buildings on thematic plots.

A lawyer of the owner defended the commercialization of the property, saying that the entire Stadium Road was declared a commercial road by KMC on May 29, 2013. A person with full power under the local government laws of Sindh.

He proposed that all necessary legal requirements for the publication of announcements and gazette announcements have been properly fulfilled by the property owners.

The SHC Chamber, led by Judge Irfan Saadat Khan, carefully read the records and listened to the arguments of the lawyers and discovered that under what circumstances the entire road was declared for commercial use without the approval of the local residents is a mystery. Other residential properties do not include these two properties.

The court observed that the Supreme Court also noticed the commercialization of many roads in Karachi, including Sharea Faisal and other major roads in the city, and even ordered the demolition of buildings and marriage halls deemed illegally constructed. On them, as well as those found in any residential area operating for commercial purposes.

The High Court observed that although the KMC administrator at the time declared these properties to be commercial properties, KMC’s lawyers argued that even today, these properties are still listed as residential properties in KMC’s records.

The judge seat observed that the relevant government departments did not consider the legal and factual positions of the case, nor did they consider the Supreme Court’s order on the subject matter.

The High Court expressed reservations about the scope of the subject project license granted by the then KMC administrator for commercial purposes, and pointed out that if the owner of the property contacts them for the above-mentioned purposes, the license needs to be reviewed after appropriate procedures, and Decisions should be made in strict accordance with laws and relevant rules and regulations.

SHC again referred the matter to the relevant authorities and instructed private owners to reapply to convert the property from residential to commercial, if they wish.

In accordance with various instructions issued by the Supreme Court on the commercialization of major roads or properties in residential areas, the High Court instructed the relevant authorities to make a decision on the owner’s application within three months, and the application should be completed in all aspects.

At the same time, the judge also instructed that no construction should be carried out on the disputed property involved in the petition in any way. The High Court observed that, in accordance with relevant rules and regulations, after the completion of the property conversion, the property consolidation process will follow.

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