The Supreme Court (SC) on Tuesday adjourned hearing of Moon Garden flats case on request of the Karachi Development Authority (KDA) after revenue department declared the allotments lawful.
Justice Saqib Nisar held hearing of the case. The Karachi revenue department had filed a report in the court that declared allotments of the flats not malicious. On the other hand, the KDA’s counsel objected at the point and stated that the revenue department did not notify the party about filing of the report. The revenue department’s counsel stated that a piece of land on which Moon Garden apartments had been built neither belonged to the Pakistan Railways nor KDA. On this, Justice Nisar remarked that the report was in favour of builder Abdul Razzaq Khamosh.
The city development authority stated that the revenue department’s senior member compiled the report without approaching the party in the case. The court was adjourned till today after Justice Nisar ordered the KDA’s counsel to inform the court in the matter after consulting his client.
On November 13 2015, residents of the flats had announced to approach the court against the builder as the Sindh government had forcefully evacuated the apartments.
The Sindh High Court (SHC) had ordered authorities concerned to demolish the building. However, the Supreme Court annulled the verdict and ordered Khamosh to submit Rs 50 million in cash and equal amount as bank guarantee. Khamosh had admitted violating the law. The defence counsel had stated that his client was ready to pay any penalty deemed right by the court.
The builder had built the multi-storey building without permission of the authorities concerned. Meanwhile, the Railways Cooperative Society had claimed the piece of land. The victims had to spend two nights in open in November after the forced evacuation.