LAHORE, April 28: Justice Zafar Iqbal Chaudhry of the Lahore High Court (LHC) has issued orders to the Pakistan Cricket Board (PCB) to immediately stop the demolition of the Gaddafi Stadium’s rented portions.

The orders were passed after the filing of a petition by one Waheed Sheikh, the owner of a banquet hall situated at the College’s End of the stadium since 1996. “If the construction made by the petitioner is being demolished, it will be stopped immediately and respondents No 1 and 4 will also file a report and para wise comments in this case within four weeks,” the LHC judge said in his order issued on April 22.

However, a major portion of the building has already been demolished.

Waheed moved the LHC after the demolition of his building continued despite Civil Judge Sohail Shafique’s orders issued on April 8.

The civil judge’s order read as follows: “I have heard the preliminary arguments advanced by both the parties at length. I have record perused. It is admitted by the defendants that the plaintiff is a tenant and is running business in the leased shops. Therefore, in the interest of justice till the next date of hearing, the respondents are hereby restrained to interfere in the business of the petitioner by parking the machinery in front of the leased shops and are also hereby restrained to demolish the leased property.

“However, this order shall not affect any legal or judicial proceedings of any competent court. The defendant No 3 be summoned through postal registered envelope AD and courier service subject to deposit on the above said date.”

The petitioner in his petition had stated that his building was demolished without him being notified. Waheed said that he had signed a 38-year lease agreement with the PCB commencing from Dec 24, 1996 till Dec 23, 2034.

The lease money for the said term was fixed as Rs24,806,200. The plaintiff has already paid the whole amount in advance. “That the plaintiff in order to run the said business [banquet hall] over there had renovated/improved the premises by spending a huge amount of more than Rs80 million and made six banquet halls,” observed the court.

“That under the law, the defendants cannot dispossess the plaintiff and also interfere in the physical possession of the plaintiff by way of demolishing any part of the leased/rented premises; disconnecting electricity, Sui gas water connections; disturbing the peaceful running of the business; parking the machinery in front of the leased/rented premises of the plaintiff.”

The petitioner also claimed that he had acquired the lawns in front of his banquet hall through another agreement signed with the PCB on Jan 16, 2003 for a monthly rent of Rs94,500 which has been regularly paid by the plaintiff to the board.

Waheed further claimed that he had maintained an international standard at the banquest halls and spent a huge amount of Rs43 million in doing so.

The petitioner has made PCB Chairman Nasim Ashraf respondent No 1, Director Human Resources Nadeem Akram as respondent No 2, Chief Operating Officer Shafqat Naghmi and three other PCB officials, namely, Mohammad Ali, Mohammad Zulfiqar and Ahmar Malik as other respondents.