Legal Notice for Cancellation of Amenity Plot

To,

Dr. S. Q. I.

S/O S. W I.

Address:

     A.   B-101, Block-18, Gulshan Iqbal, Karachi,

     B.  3 Lee Court, Princeton Junction, NJ-08550, USA.

Subject:                             LEGAL NOTICE

Sir,

Under instructions & on behalf of my client Works Co-operative Housing Society, through its Honorary Secretary, having office at No; B-44, Block-8, Gulshan Iqbal, Karachi.  I have to address you as under:

1.       That for the benefits of the residents / general public, an amenity Plot / Plot No: “Clinic”, measuring 800 Square Yards, in Block- 04, KDA Scheme-36, Gulistan Joher, Karachi, was allotted to you vide allotment order bearing registration No: R-3499; dated 12-10-1986; and accordingly vide letter / acknowledgement of Possession, dated 25-02-1989: the subject plot was given in your possession to establish a clinic / hospital.  

2.       That in pursuance of your undertaking to my client that you shall abide by all framed rules & regulations, you were supposed to:-

a)   Raise construction work over subject plot as early as to meet the necessity of particular Area.

b)   Not transfer the subject plot to any other person.

c)    Not use the subject plot for purposes other than construction of clinic / Hospital.

d)   Pay all service charges, costs & due amounts for subject plot.

                                                                                                  

3.  That on 30-December-2009, my client had passed resolution, as reproduced here under,  to address the issue agitated by you for the subject plot;

Extract of the Minutes of the Meeting,

Dated 30^th December 2009

Agenda Item-4.

To accord or otherwise, NOC for execution of lease in respect of amenity Clinic plot at Block-4, Scheme 36, Gulistan Joher, Karachi.

RESOLUTION

It was informed to the Board that an Advocate Mr. Shakeel Ahmed Khan visited the society on 24-12-2009 for obtaining NOC for lease. He was advised to submit power of attorney if executed by Syed Qaiser Imam, the owner of the plot to examine the authority conferred. The advocate got agitated, replied that he wants to know the process of lease only. He was informed that the plot cannot be transferred as per the decision of the Board which has since been communicated to the owner on 2^nd February 1997. The Board decided that NOC for lease should not be issued. Otherwise when the plot is leased, he or his attorney will be free to transfer the plot to third party which is not acceptable to the society. The owner of the Plot is free to develop the plot for clinic.

         Sig

Hon. Secretary

4.     That thereafter on 06-January-2010, Mr. Ayal Abbas had submitted application at office of my client with copy of General Power of Attorney dated 19-August-2006, executed by you, for subject plot, in his favor and through said application he had requested for issuance of Sub-Lease Agreement between him & my client. Thereon all this was objected lawfully, at 1^st hand, my client had preferred to publish Warning Letter / Public Notice dated 29-01-2010 in Daily Newspapers JUNG & DAWN and at other hand, my client had also sent notice to you for cancelation of allotment without any further notice if you remained fail to reply show cause with in fortnight i.e for immediate clarification (i) as to status of Ayal Abbas (ii) reason for non-utilization of subject plot.

5.  That thereafter you opt out even to show any concern to raise constructions or to utilize the subject plot and also to pay dues / non utilization Fee / Charges (NUF). Thereon deceitful conduct at your part had made constrained to my client to take note with a view as your entitlement / allotment for subject plot was not with bonafides and you had also lacking with financial position to establish / utilize the subject plot for the purpose, my client allotted you.

6.         That thereon my client, through a resolution passed unanimously on 29-June-2017, has resumed the possession of subject plot with cancellation of the allotment order bearing registration No: R-3499; dated 12-10-1986. The circular in this regard has already been affixed over subject plot, sent to concerned authorities and also been published in News papers. Therefore you are called upon to surrender original document / allotment order / acknowledgment of possession etc. in lieu of refundable charges or occupancy value, within 15 days of receipt of this notice.

Side by side I want to caution you that please keep yourself in right direction and accept to surrender original documents /allotment order / acknowledgment of possession etc. Otherwise unnecessary complications & confrontations at your part will be the consequences, for which please note.

Thanking You.

Farhan Khaliq Anwer.

Advocate.