The Sindh High Court restrained Sindh Industrial Trading Estate (SITE) from taking any coercive/adverse action against our Clients, and further restrained SITE from creating any third party interest on our Client’s Industrial Plot.
By way of background, a Constitutional Petition was filed after being aggrieved from the actions/omissions of the SITE as the same have malafidely, unlawfully and unilaterally cancelled our Client’s allotment, on the ground of non-payment of dues, of Plot/Factory measuring 1.0 acre, situated at Scheme 33, SITE area, North Karachi, Karachi (hereinafter to be referred as the ‘Subject Property’). The Petitioners were represented by Barrister Junaid Ahmed assisted by Kawish H. Naqvi . The High Court on 21.03.2022 passed an ad-interim stay order whereby restrained SITE from taking any coercive against against our Client and its Property. The High Court issued notices to the Advocate General of Sindh and SITE for 11.04.2022.
It is important to mention that there are some precedents where the Courts have declared the cancellation of allotment on the non-payment of dues as illegal and held that allotment of the land cannot be cancelled on the non-payment of fee/dues. However, there is an illicit practice going on in some government departments where they cancel or threaten to cancel the allotment, on some false pretext, and then allots or threaten to allot the same plot to some fictitious / third party in order to blackmail and pressurize the Industrialists.