A division bench headed by Aqeel Ahmed Abbasi gave the order on an appeal of the real estate company against the impugned order of the single bench.
The Bahria Town, represented by Advocate Fiaz Hussain Shah, submitted that the respondent Defence Housing Authority instituted a lawsuit against the project without any locus standi and the single bench restrained it from raising construction over the project.
The Bahira Town counsel submitted that a project for construction of underpass and flyover in front of A.T. Naqvi Chowk, BT Icon and Park Tower was originated by the Karachi Municipal Corporation for citizens and it was a long pending issue in government files.
Subsequently, he said, the real estate tycoon launched its project “Bahria Town Icon Tower” and offered to the KMC to exclusively finance the said project which was, after adopting all formalities, approved by the municipal authority.
Advocate Shah said that the Bahria Town agreed to bear financial expenditures for completion of the project at an estimated cost of Rs1.8 billion.
Subsequently, he said, the site was handed over to the appellant for execution of work and it started construction work and dug out the entire road from the A.T. Naqvi Chowk up to Park Towers.
The counsel said that the DHA with mala fide intentions and ulterior motives instituted the lawsuit and got a restraining order against the Bahria Town.
He said that entire construction work was stagnated due to the restraining order causing great inconvenience to citizens as well as the appellant.
The counsel said that a huge amount money of the appellant was reserved for this project and continuance of the stay order for an indefinite period would cause great prejudice to the project.
The counsel contended that the condition at the site was very dangerous due to massive digging and excavation work and it was imperative to complete the work prior to the monsoon otherwise not only the vicinity but the entire city might suffer.
He asked the court to set aside the restraining order against the Bahria Town and allow the appellant to continue work on the project.
The bench accepted the Bahira Town’s plea and issued notices to the DHA and other respondents for April 23.