Overturning the city administration’s closure order, the Sindh High Court on Monday allowed Imtiaz Superstore in Gulshan-i-Iqbal area of Karachi to remain open throughout the day.
Headed by Chief Justice Sajjad Ali Shah, a two-judge bench was hearing the constitutional petition of Imtiaz Hussain against the partial closure of his superstore in the neighbourhoods of Gulshan-i-Iqbal by the administration.
The city administration had last week directed the megastore management to remain closed from 3:30pm to 9:30pm until further notice in the wake of severe traffic jam on the main Rashid Minhas Road and adjoining streets.
The petitioner, Imtiaz Hussain, said the administrative order stated there wasn’t any other option but to order the store closure until the store management gave a comprehensive traffic management and parking plan duly approved by a senior director, transport and communication, of the Karachi Metropolitan Corporation (KMC)..
He said he had established the superstore in Gulshan-e-Iqbal after fulfilling all the legal formalities but the authorities concerned bounded him to close the store from 3:30pm to 9:30pm.
The petitioner said the city administration and police claimed that traffic situation in the area had become tormenting due to the parking of vehicles by the customers, therefore he was directed to close his store during the rush hours.
He said he would face financial loss if his store remained close during the rush hours. He said he had provided parking space for 300 vehicles.
Impleading the home secretary, assistant commissioner Gulshan-i-Iqbal, deputy commissioner of Karachi-East, and DIG traffic as respondents, the petitioner asked the court to restrain the respondents from taking action against his store and allow him to open his store.
At the outset of the hearing, the chief justice asked the city administration officers why the business of the petitioner had been shut over the traffic issue. He said the administration was responsible to regulate and control traffic. If people were parking their vehicles outside the store despite administration warning, it was its failure, he remarked.
Illegal parking fine up to Rs10,000 The chief justice directed the administration to take action against illegal parking and impose fine ranging up to Rs10,000 and lift vehicles of violators.
The bench also directed the Additional Advocate General Barrister Mustafa Maheser to place on record within two weeks the building plan of the superstore approved by the Sindh Building Control Authority so that the position of parking facility would be examined.
The hearing was adjourned to a date to be later pronounced by court’s office.
