HYDERABAD, Sept 10: The Sindh High Court, Hyderabad circuit bench, here on Friday issued contempt notices to the taluka municipal officer and taluka officers (infrastructure and regulations) of Kotri for wilfully violating court orders passed in October 2003.

They have been asked to submit their reply on September 13 and to furnish surety in the sum of Rs25,000 each for their personal appearance in proceedings. The order was passed by Justice Amir Hani Muslim during hearing of a petition. A resident of Kotri, Riazat Ali Sahar, sent a telegram to the court which has been turned into the petition.

He said that 7,000 square feet of the Kotri taluka municipal administration had been occupied and unauthorised construction was going on over the land. He said that it was being done by respondent Danesh alias Bhaya and Kewal Ram, in collusion with respondent TMO.

He prayed the court to order demolition of the construction and restrain respondents from making illegal construction. The counsel for Kewal, R.P. Amer, submitted that a suit of 1982 had been filed by one Gul Sher against the chairman of the Kotri Municipal Committee in the civil court of Sehwan and it had been compromised on the basis of a joint statement by the then chairman and plaintiff.

Kewal claimed possession of land in question on the basis of the compromise. The court noted that apparently the civil judge had no territorial jurisdiction to entertain a suit in respect of a land belonging to the municipal committee, now the taluka municipal administration, and located in Kotri town, thus, the order was a nullity in eyes of law as the chairman of the municipal committee had no authority to enter into a compromise of such a nature.

Therefore, it observed, Kewal was not lawful owner of the land in his unauthorised possession and could not raise construction of any nature. The TMO of Kotri informed the court that permission had not been sought from the TMA before the raising construction.

The taluka officer (infrastructure) also stated that he had not passed any approval plan. Justice Muslim appointed the additional registrar of the court as commissioner/ receiver to inspect premises in question on Friday and submit report as to age of construction raised by respondent and whether construction was going on.

On a query, the court was informed that the order passed in October in a revision application had not been complied with. Through said order Justice Muslim had called for action against the officers of the Kotri municipality for leasing out or renting out footpaths and streets.