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Legal Case Against DHA Relieves Residents From Property Tax

A recent(7 September, 2023) property tax hike by the Cantonment Board Clifton (CBC) led to a legal ensuing. The Legal Case Against DHA Relieves Residents From Property Tax in which the Sindh High Court stepped in to protect the residents. The court issued an order to prevent both CBC and the Defence Housing Authority (DHA) from taking any disciplinary actions against residents who had submitted two petitions. The petitioners filed the voice on rising concern of unjustifiable residential and commercial property taxes.

Behind the Scene of the Case

The source of the conflict stemmed from a letter issued on August 23, 2022. This letter was issued by the assistant director general of military land and cantonment boards in Rawalpindi. According to the residents from DHA and Clifton who filed the petitions, this letter imposed an unjust, excessive, and arbitrary tax on their properties.

Legal Jury to Hear the Case

The case was brought before a two-judge jury presided over by Justice Mohammad Junaid Ghaffar. During the hearing, Advocate Zaheem Haider and CBC’s deputy chief executive officer Zameer Hussain appeared in court to represent their respective sides.

What Legal Orders the Court Issued

While Justice Mohammad Shafi Siddiqui, leading the bench, laid down specific guidelines in their order. They determined that for the reassessment of the current year. It is about spanning from 2023 to 2024, 25% of the reassess amount must be secured. Respondents had two options either they could issue a fresh challan for 25% of the tax for the current tax year, 2022-23, or they could provide an amount equivalent to 25% of the above reassessment as a guarantee through a pay order or bank guarantee within ten days.

How Other Petitions Strengthened the Case

The directives which were issue in response to a petition initiate by Faiza Saeed and 85 other residents have strengthen the case. The residents got represent by their legal counsel, Khawaja Shams-ul-Islam. Their petition was submit back in May and pave the way for these crucial developments.

It’s important to note that this property tax dispute isn’t isolate. Several other identical petitions, brought forth by residents from Defence and Clifton to challenge the property tax increase. These are currently pending before the Sindh High Court. The petitions are schedule for hearings on September 8 and September 26.

Future Impacts of the Case

In essence, this ongoing legal battle highlights the residents’ determination to contest what they view as an unfair property tax increase. As the Sindh High Court continues to address these petitions to relieve the residents and stakeholders of DHA. Thus, the outcome will likely have significant implications for both the residents and the authorities involved. So, on future the competent authorities of the DHA and Clifton Board Karachi will be cautious to impose any self-decided taxes on the property.

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