PESHAWAR, Aug 29: A two-member Peshawar High Court bench on Wednesday extended a stay order against any sort of construction on or modification to the premises of University Town Club, a portion of which has been leased out to two people.
Justice Waqar Ahmad Seth and Justice Roohul Amin Khan later adjourned for unspecified period the hearing into two identical petitions against the leasing out of the club’s land to two people, construction of a restaurant and a café there, and carrying out of commercial activities in a residential area.
Schedule for the next hearing will be announced later.
The court had issued the said stay order almost three months ago.
Senior lawyer Mohammad Khursheed Khan, who is one of the petitioners, said previously, a bench headed by Chief Justice Dost Mohammad Khan heard the cases on the matter and therefore, it would be appropriate that the same bench hear them.
During the July 25 hearing, the court had sought details from the administration of Peshawar Town III regarding all commercial activities in the upscale University Town locality, including the land given on lease to people.
The court had expressed annoyance over the carrying out of commercial activities in the residential area and the renting out of residences for commercial purposes.
An official of the town administration said on Wednesday that notices had been issued to around 270 people illegally carrying out commercial activities in the said area.
Several of these people showed up and wanted the bench to make them party to the petitions.
The judges, however, observed that they couldn’t be made respondents in these cases at request and they should file proper applications in this regard which would be considered by the court.
Apart from Khursheed Khan, the second petition is filed by several residents of University Town, including Dr Muqeem Khilji and scores of women, who are member of the Ladies Club, situated adjacent to the controversial restaurant and a café established on the leased out land.
The petitioners contended that the commercial activities in residential areas were not only violation of the court orders but also against the relevant local government laws.
Advocate Tariq Afridi and Khursheed Khan appeared for the petitioners and said the leasing out of around 14 kanals of land to the lessees and subsequent constructions on it were illegal.
The lessees have denied their claim and stated that they were leased out the land in legal manner.
Mr Khursheed has also filed a contempt of court petition against the relevant town municipal officer as he had violated an earlier order of the high court by allowing commercial activities in residential area. He said an earlier order of the court of Sept 4, 2006, had been violated as in that verdict the court had pronounced that commercial activities could not be carried out in residential area.
The petitioners said the Town Club comprised the Ladies Club, tennis and squash courts, walking track and green belt. They contended that in 2009, the town administration leased out 14 kanals of land of the club to Faiz Rasool and Tariq Nawaz reportedly front men of an influential political family of the city.
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