KARACHI: The Sindh High Court on Friday restrained the Cantonment Board Clifton (CBC), Defence Housing Authority (DHA) and other respondents from taking any coercive action against petitioners in eight more identical petitions filed against an increase in property tax till Sept 20.

The residents of DHA and Clifton had approached the SHC and contended that the impugned challans issued to them by CBC were tantamount to double taxation since they had already paid tax for the year 2022-23.

When a two-judge bench headed by Justice Mohammad Junaid Ghaffar took up the petitions for hearing on Friday, several lawyers filed power of attorney (vakalatnama) on behalf of the CBC and a counsel also undertook to file power on the behalf of the DHA and they sought time to file comments.

The bench was also informed that on Sept 6, it had passed ad-interim orders in two identical petitions.

The bench in its order said that it was adjourning the hearing till Sept 20, since the lawyers for respondents needed time to assist the court with appropriate comments.

“However, till the next date of hearing, respondents shall not take any coercive action against the petitioners,” it concluded.

Citing the defence secretary, CBC, DHA, Sindh excise & taxation secretary and others as respondents, Shabnam Jabbar, Faisal Haroon, Tahir Dawood Siddiqui and several other petitioners contended that after promulgation of the 18th Constitutional Amendment, CBC was not entitled to recover any tax on immovable property as legal question for such determination had been pending in SHC since 2015.

They further asserted that following the constitutional amendment, the provincial government might impose tax on immovable property and recovery of house tax by the CBC was in violation of the Constitution.

The petitioners asked the court to declare that the CBC was not entitled to demand or recover house (property) and conservancy tax.

They also sought directives for the CBC to withdraw challans issued to petitioners for the tax year 2022-23 and to restrain the respondents and their officials from demanding such a tax.

Published in Dawn, September 9th, 2023