LAHORE - A single bench of the Lahore High Court on Friday adjourned for June 13, the hearing of a petition challenging construction of Fortress Square Plaza with directions to petitioner’s counsel to conclude his arguments.
As hearing started, the petitioner’s counsel appeared before the court and submitted that the construction of Fortress Square Plaza was in violation of all legal without approval of the real custodian of the land. He argued that there was building of the headquarters of Double-One brigade on that very place where now the plaza was constructed after razing the building of the headquarters.
The respondents were legally bound to get the plan for plaza approved from the Lahore Cantonment Board but without this approval the plaza was constructed, said the petitioner. He said the LCB also admitted this fact in its reply that it had not approved any plan for the building. However, Advocate Ahmer Bilal Soofi, who was representing Fortress Square Plaza submitted that FSM is part of the army and therefore the writ against it cannot be entertained in any court of law under law.
The counsel for the petitioner in its reply added that FSM is not a registered or tax paying entity. The constitution/policy of FSM does not claim that FSM is part of the army, he added. He said it has been also admitted by the respondents that the land belongs to government of Pakistan, however no representative of the government had signed the project and lease agreement of the plaza. He said the agreement was signed between FSM and Dupak.
Nayyer Khan, a citizen, had filed this petitioner submitting that the shopping complex built on 60,942 square feet had been constructed in violation of the law. He said the land belonged to the federal government but the Fortress Stadium Management had leased out the land to DUPAK Developers Pakistan on October 27, 2007, for 33 years to construct a plaza. He said the construction was complete and the management was handing over possession of shops to the clients.