Supreme Court withdraws stay order on Moon Garden demolition

ISLAMABAD: The Supreme Court on Wednesday rescinded its stay order on demolition of Moon Garden residential complex located in Karachi’s Gulshan-e-Iqbal area, ARY News reported.

Justice Azmat Saeed held hearing of the case relating to demolition of Moon Garden residential complex built at the land of Railways Employees Cooperative Society. However, the eviction orders had been stayed by the apex court on November 17 – 2015.

Justice Saeed said that builder of the residential project did not fulfil conditions of the stay order issued by the top court.

Builder’s lawyer said that the Supreme Court had ordered to deposit Rs100 million as surety for the residents. He added that a review petition was filed in this regards but hearing was not fixed. The lawyer said that he was currently having Rs20 million pay order along with him.

Justice Azmat Saeed said, “I think, the building should have been demolished. Court order is not implemented for four years.”

The builder’s lawyer pleaded, “the court could have increase penalty amount if it wishes.” The lawyer said, “Hundreds of people are residing in the building for around 20 years.”

Justice Saeed replied, “Neither we have any sympathy nor interest [into this matter] as judicial order was taken as a joke.”

Justice Umar Atta Bandial remarked that the builder of the apartment Abdul Razzaq Khamosh has mocked the court orders.

“We are suspending stay order and appeal would be heard later,” remarked Justice Saeed.

Later, the top court adjourned the hearing for an indefinite period.

Earlier on November 17, the top court had approved the petition filed by builder and residents of Moon Garden apartment for hearing.

The Railways Employees Cooperative Society had filed a petition against the illegal construction of the multi-storey building on its land, prompting the court to issue orders for vacating the building.

On November 17, the top court had approved the petition filed by builder and residents of Moon Garden apartment for hearing and stayed eviction of the building. The builder of the apartment Abdul Razzaq Khamosh had been directed by the Supreme Court to deposit Rs 100 million as surety for the residents.