In a landmark development, the Sindh High Court (SHC) has stood resolute in its position regarding the controversial conversion of 43 acres of land in DHA Phase VIII, Karachi. Originally designated for public amenities by the Defense Housing Authority (DHA), this prime real estate has become the focal point of a protracted legal battle involving local residents, the DHA, and various private entities. The SHC's recent decision to block high-rise construction on this land underscores the intricate challenges of balancing urban development with the safeguarding of public interests.
The Background:
The disputed land, initially earmarked for public facilities like parks, schools, sewage treatment plants, and a graveyard, witnessed a contentious shift in purpose. The DHA's decision to reallocate the space for the construction of residential high-rises, specifically the Creek Terraces and Creek View (now Arkadians) projects, met vehement opposition from local residents.
Legal Odyssey:
The legal saga began in 2013 when DHA resident Zahidullah Khan filed a lawsuit against the DHA and private entities involved in the conversion. Despite initial setbacks, Khan persisted in his appeal, seeking the court's intervention to halt all construction, sales, and promotional activities related to the disputed projects.
SHC's Stance:
The SHC, through a division bench, reiterated its earlier order, maintaining a prohibition on third-party interests and preventing any occupation of the property until the next hearing. Additionally, the court issued a public warning against engaging in transactions related to the Creek Terraces and Creek View developments.
Divergent Perspectives:
The petitioner's counsel, Barrister Salahuddin Ahmed, contends that the land, as per the original master plan, is meant for public amenities and should not be repurposed for residential or commercial use. In contrast, DHA's lawyer, Abid S. Zuberi, argues that the land was never intended for amenities and is integral to the larger Creek City project.
The Legal Landscape:
Creek Developers, having initiated the project in 2003, seeks the court's permission to continue construction, assuring that no third-party interests will be created until the case is resolved. Meanwhile, MCA Law Associates, representing Mr. Zahidullah Khan, issues a public notice cautioning against any illegal transactions or attempts to occupy the disputed land.
Conclusion:
This ongoing legal battle highlights the intricate challenges inherent in urban development and the delicate balance required to protect public interests amidst private real estate ventures. The final decision by the SHC holds immense significance for all stakeholders involved and is poised to establish a precedent for future land-use disputes in the region. The eyes of the community are fixed on the forthcoming judgment, anticipating its potential impact on the trajectory of urban development in Karachi.
