HYDERABAD, March 2: A division bench of the Sindh High Court, Hyderabad circuit, on Thursday suspended operation of a notice issued by the taluka municipal administration, Latifabad, requiring demolition of a franchise of a chain of fast food on the Auto Bhan road.

The bench comprises Justice Mushir Alam and Justice Azizullah Memon.

The bench also issued notices to the district nazim, Latifabad taluka nazim and TMO for March 16 while restraining the respondent from demolishing the building.

Zahid Hussain of the Siza Foods Pvt Ltd, who was represented by Jagdesh Kumar advocate, challenged the notice dated February 26 requiring him and other persons who were doing their business on the city survey no 27 and its part to remove the construction within three days of receipt of notice otherwise these would be demolished by the TMA as legal action would be taken against them.

Around 35 such notices were issued by the TMA to various restaurant owners, bank and residents, the petitioner said.

The notice was issued under section 3 of the Sindh Public Property (Removal and Encroachment) Act XII of 1975 saying that the land stands transferred to the TMA Latifabad and such it was municipal land, the petitioner said.

He said that their building had been described as encroachment and illegal occupation of what the notice said municipal land.

He said that they were asked that if the “unauthorised construction” was not removed then the TMA would itself demolish.

He said that the notice also required the parties to produce valid documents, if any, before him.

The petitioner said that the land in question belonged to the Pakistan Railways which leased it out to Hyderabad Railways Employees Cooperative Society.

He said the society made plotting of the area before dividing the land. He said the layout plan of the restaurant was approved apart from the map by Hyder-abad Development Authority.

He said that after completion of this legal formality people constructed bungalows, restaurants and a bank.