KARACHI: Quashing the Sindh High Court’s (SHC) verdict on Moon Garden Karachi, the Supreme Court on Tuesday directed the builder to deposit Rs 50 million and a bank guarantee of the same amount in the court. On September 29, the SHC had issued directives to the Sindh Inspector General of Police to ensure that the building in question was totally vacated within 30 days.
Later, the SHC stayed the eviction of Moon Garden residents, directing the authorities concerned to avoid forcible vacation of the building till November 18.
Appearing before a two-judge bench, led by Justice Ejaz Afzal Khan, the counsel of Moon Garden builder Raja Salman Aslam contended that adhering to rules and regulations his client Abdul Razaq Khamosh had constructed the building. He further pleaded that Moon Garden was not constructed illegally on Railways housing property, as his client had deposited the required amount of construction fee in the Cantonment Board.
Justice Ejaz Afzal observed that the court had to examine the building construction plan and its violations after which there was a possibility to bring way out for the residents of the building. He further remarked that as to why the concerned authorities failed to take any notice during the construction of Moon Garden, adding that their negligence provided sufficient grounds to comprehend that they were also hand in gloves with the builder.
Accepting the plea against the SHC verdict for hearing, the bench ordered Khamosh to deposit Rs 50 million in addition to a bank guarantee of Rs 50 million in the court within the next 15 days. Later, Islamabad police apprehended the builder from outside the apex court building and handed him over to Sindh police.