HYDERABAD: Senior Civil Judge-111 on wednesday issued notices for the third time to the plaintiff of a suit about construction on a plot which fell within the premises of Pucca Qila, an archaeological site according to Sindh culture department, and thus no construction could be allowed on it under Antiquities Act 1975 provisions.

The notices were reissued after the plaintiff refused to receive the ones sent to him by the court earlier. The court has now fixed hearing of the case for March 13. It was to be herd earlier on Feb 26 but the plaintiff Shaikh Mohammad 1mran did not turn up.

Zohaib Hassan Pahore, counsel for private party Sharif Arain, said the plaintiff did not receive the notice issued by the court earlier for March 5 hearing. Now, the court had directed the bailiff to ensure that the notices be served on his WhatsApp number and message beconveyed to him for attending the court, he said.

The notices were again issued on separate applications filed by Mr Arain and assistant director of archaeology department, Ms Sindhu Chandio, who sought to become necessary party in the matter on the ground that the plaintiff had committed fraud with the court to obtain Feb 4 decree for construction on the controversial plot.

Arain said in his application that the judgement and decree dated Feb 4 issued by this court be set aside as the plot in question, according to original City Survey No.2727 and measuring 481.5 square yards, was situated within fortification wall of the fort, which belonged to Sindh Archaeological, Culture, Tourism, Antiquities and Archives department.

He said that a technical committee for cultural heritage of Sindh culture department in its meeting held on July 22, 2024 had declared the whole area of Pucca Qila as protected heritage and restricted anyactivity within its premises.

He said the committee had suggested that the department should make sure that `no such activity is allowed in the premises until all legal requirements are fulfilled`.

The plaintiff had committed fraud with the court, he said.

Assistant director of archaeology and culture department, Sindhu Chandio, who was represented by Deputy District Attorney Zulfiqar Satti, had filed application on Feb 18 after Feb 4 court order. She requested the court to allow her to become ne cessary party in the case.

Thejudgehadthroughthe Feb4 order allowed the plaintiff to continue construction in line with the layout plan approved by SBCA Hyderabad office. However, the court had said that if any illegal construction was raised without an approved plan the defendants were always at liberty to take action in accordance with law. The plaintiff did not cite the archaeology department and district administration as defendantsin his suit.