ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

C.P. No.D-3359 of 2021

___________________________________________________________________ Date Order with signature of Judge

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FRESH CASE:

1. For order on CMA No.14189/2021 (Urgent).

2. For order on CMA No.14190/2021 (Exemption).

3. For order on CMA No.14191/2021 (Stay).

4. For hearing of main case.

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27^th May 2021

Mr. Salman J. Mirza, Advocate for Petitioner.

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1. Urgency granted.

2. Exemption granted, but subject to all just exceptions.

3&4. Through instant Petition, the petitioner has impugned enhancement of ARV of the petitioner’s building through challans/demand notices issued under section 91 of the Cantonment Act, 1924 (available at pages 79 to 83) and final notice issued by the respondent for payment of such amount within twenty-four hours (available at page 85) on the ground that after Eighteenth Amendment, the Cantonment Board has no authority to levy or collect the property tax and conservancy charges in respect of the properties situated in Province of Sindh, whereas, without prejudice to the legal position, the exorbitant enhancement of ARV without following the legal procedure as provided under the Cantonment Board Act, 1924 and providing an opportunity of being heard to the petitioner is also illegal and without lawful authority. Learned counsel for the petitioner submits that similar controversy is already pending before this Court in number of petitions, including C.P. No.D-3135 of 2021 [Re: Millennium Mall Management Company v. Federation of Pakistan and another], wherein, Notices have been issued to the respondents, who have been restrained from taking any adverse action against the petitioner pursuant to issuance of similar impugned challans/demand notices. In support of his contention, learned counsel has referred to an order dated 06.05.2021 passed by this Court in the aforesaid petition, which is available at pages 103 to 107 of instant petition, hence prays accordingly.

Let pre-admission notice be issued to the respondents as well as D.A.G, to be served through first three modes, for a date to be fixed by the office, when instant petition may be taken up alongwith aforesaid petition and other connected matters, whereas, comments, if any, shall be filed with advance copy to the learned counsel for petitioner. In the meanwhile, respondents shall not take any coercive action against the petitioner pursuant to impugned challans/demand notices and shall not create any harassment to the petitioner till next date of hearing.

J U D G E

*Farhan-PS*