KARACHI: A full bench of Supreme Court of Pakistan dismissed an appeal filed by The Mall, DHA against a judgment by High Court of Sindh dated 4-12-2014 which hold that amenity plot use cannot be changed. As per details DHA allowed merger of a 3600 square yard plot with 8000 sq yd plot of project The Mall Waleed Khanzada advocate living in front of the plot on which a DHA park existed took the matter to SHC in CP-D 1143/2011.
The high court of Sindh ruled that use of an amenity plot cannot be converted into commercial. The Mall developers challenged the judgment in a civil petition for leave to appeal. The appellant was represented by Barrister Makhdoom Ali Khan Barrister Salahuddin Ahmed and lastly Former Senator Syed Alu Zafar.
The Supreme Court bench heard the arguments at length and observed that it is the main responsibility of a Military Estate Officer to ascertain that whether any construction is adverse to the interest of Government or violates any rule or regulation meant to safeguard public interest. Military Estate Officer cannot as per his wishes or whims declare a plot is a park or a commercial plot the bench with the above observations and established fact of existing park dismissed the appeal.
The judgment brought a 35 year old legal battle to an end wherein public interest was upheld but also reminds us of delay in justice done to politicians and a common man even if he is a lawyer, an officer of court as defined by courts themselves.