2022 PLP 121 (SCMR)
NIAMATULLAH KHAN ADVOCATE and others — Petitioners/Appellants Versus FEDERATION OF PAKISTAN and others — Respondents
| Citation | 2022 PLP 121 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Gulzar Ahmed, C.J., Ijaz ul Ahsan and Qazi Muhammad Amin Ahmed, JJ |
| Parties | NIAMATULLAH KHAN ADVOCATE and others — Petitioners/Appellants Versus FEDERATION OF PAKISTAN and others — Respondents |
| Primary Law | Constitution of Pakistan |
Q1: What are the key laws and sections cited in 2022 PLP 121 (SCMR)?
This judgment primarily cites: Constitution of Pakistan as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2022 PLP 121 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Gulzar Ahmed, C.J., Ijaz ul Ahsan and Qazi Muhammad Amin Ahmed, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2022 PLP 121 (SCMR) (NIAMATULLAH KHAN ADVOCATE and others — Petitioners/Appellants Versus FEDERATION OF PAKISTAN and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- ----Art. 184(3)---Matters relating to rehabilitation of people removed from encroachments over Gujjar Nallah and Orangi Nallah (rain water drainage streams); private hospitals (Zia-ud-Din Hospital and South City Hospital) built and operating illegally upon amenity plots; illegal allotment of amenity plots; demolition of shops and Pavilion Club built without authorization on land belonging to Aladin Water Park; lack of water supply for residents of Karachi city and progress on K-IV project for supply of additional water to the city; government land in Jacobabad city encroached by government officials and politicians---Supreme Court gave directions to relevant functionaries and sought reports from concerned authorities/functionaries to be made available on next date of hearing, to address the issues highlighted.
- NIAMATULLAH KHAN ADVOCATE and others---Petitioners/Appellants
- CONST. PETITION NO.9 OF 2010, [Niamatullah Khan Advocate v. Federation of Pakistan and others] AND CRIMINAL ORIG. PETITION NO.7-K OF 2017, [Mst. Sahiba Parveen v. Syed Nasir Abbas, Director General, KDA and others (Matter pertaining to allotment of alternate plot)] AND CMA NO.6206 OF 2013 IN CONST. P. NO.9 OF 2010, [Report of Additional Registrar of this Court] AND Cr. O.P. No.9-K OF 2021, [Syeda Maria Raza v. Government of Sindh through Chief Secretary Sindh and others] AND CMA No.441-K OF 2021, Niamat ullah Khan Advocate v. Federation of Pakistan and others (Regarding illegal encroachment over drainage river of Haji Limo Village at Gulshan-e-Iqbal) AND CMA No.625-K OF 2021, Feroza and others v. Federation of Pakistan and others (Matter regarding Nasla Tower) AND CMA No.576-K OF 2021, Abdul Qadir v. Federation of Pakistan (Matter regarding Nasla Tower) AND CMA No.86-K OF 2020 IN CONST. P. No.9 of 2010, [Messrs Ishaq Enterprises v. Federation of Pakistan and others (Concise Statement with regard to allotment/mutation of COM-3)] AND CMA No.711-K of 2020 IN CONST. P. No.9 of 2010, [Messrs Ishaq Enterprises v. Federation of Pakistan and others (Objection filed on CMA No.86-K/2020)] AND CRIMINAL ORIG. PETITION NO.8-K OF 2021, Abu Turab v. Syed Mumtaz Ali Shah and others (Matter regarding Kidney Hill Land) AND CMA No.391-K of 2020 IN CONST. P. No.9 OF 2010, [Abu Turab v. Federation of Pakistan and others (regarding Illegal constructions in side of Kidney Hill Land situated at Faran Society, Barrister Ahmed Road, Near Dhooraji Colony, Karachi)] AND CMA No.714-K OF 2020 IN CONST. P. No.9 OF 2010, [Niamatullah Khan v. Federation of Pakistan and others (matter regarding Al-Fatah Masjid Admeasuring 1400 Sq. Yards at Kidney Hill Ahmed Ali Park, Faran Society, Karachi)] AND CMA No.424-K OF 2021, [Ibrahim Younus and others v. Federation of Pakistan and others (Kidney Hill Park Land)] AND CMA No.437-K OF 2021, [Naimatullah Khan v. Federation of Pakistan and others (Matter regarding various plots at Overseas Cooperative Housing Society lies adjacent to Kidney Hill Park)] AND CMA No.438-K OF 2021, [Naimatullah Khan v. Federation of Pakistan and others (Matter regarding various plots at Overseas Cooperative Housing Society lies adjacent to Kidney Hill Park)] AND CMA NO.515-K of 2021, [Abrar Hasan v. Federation of Pakistan and others (Matter pertaining to Kidney Hill Park)] AND CRL. M.A. No.229-K/2018 IN CRL. ORG.P. No.7-K/2017, [Application for Intervener filed by Mr.Ghulam Qadir Jatoi, AO R on behalf of KDA Officers Club (Against Illegal and unconstitutional partial demolition on the premises of the applicant at Plo , St.6, Off. Kashmir Road, Karachi)] AND Civil Review Petition No.15-K of 2021 IN CMA No.906-K of 2020 IN CONST. P. No.9 OF 2010, [Naeem-ud Din v. Pakistan Railway (Regarding Encroachment over Pakistan Railway Land and Revival of KCR) (Trijon Heights/Tower)] AND CMA No.167-K OF 2020 IN CONST. P. No.9 OF 2010, [Application for intervener filed by Syed Muhammad Iqbal Kazmi (The matter regarding KCR project and demolishing of illegal construction in Karachi)] AND CMA No.177-K OF 2020, [Application for intervener filed by Farhad Younus Memon (The matter regarding 650 constructed Houses in Project No.7 (PRECHS) Near Gillani Station, Gulshan-e-Iqbal Karachi)] AND CMA No.367-K OF 2020 IN CONST.P. NO.9 OF 2010, [Shamim Ahmed Siddiqui v. Federation of Pakistan and others (regarding encroachment over Railway Land/Safari Park)] AND CMA No.541-K OF 2020, [Muhammad Ahmed Khan and others v. Federation of Pakistan and others (Matter regarding Pakistan Railway employees Co-operative Housing Society)] AND CMA No.630-K of 2020, [Pakistan Railway Employees Co-operative Housing Society Limited v. Federation of Pakistan and others (The matter pertains to encroachment over Railway Land on account of Railway Co-operative Housing Society)] AND CMA No.898-K of 2020, [Pakistan Railways through Divisional Superintendent v. Federation of Pakistan and others (regarding encroachment over Pakistan Railway Land and Revival of KCR)] AND CMA No.277-K of 2021 in Civil Review Petition No.Nil-K OF 2021 IN CMA No.898-K OF 2020 IN CONST.P. No.9 of 2010, [Messrs Karachi Town Builders v. Pakistan Railways (Regarding Encroachment over Pakistan Railway Land and Revival of KCR (Tejori Hights/Tower)] AND CMA NO.278-K OF 2021, [Messrs Karachi Town Builders v. Pakistan Railways (Regarding Encroachment over Pakistan Railway Land and Revival of KCR). (Tejori Heights/Tower)] AND CMA NO.445-K OF 2021, [Nabiha Qureshi v. Federation of Pakistan and others (Regarding encroachment over Pakistan Railway Land and revival of KCR)] AND CMA NO.446-K OF 2021, [Messrs Karachi Town Builders and Developers v. Federation of Pakistan and others (Regarding encroachment over Pakistan Railway Land and revival of KCR)] AND CMA NO.621-K OF 2021, [Niamat ullah Khan Advocate v. Federation of Pakistan, etc. (report regarding KCR, in compliance of order dated 8.4.2021 filed by DG, FWO)] AND C.M. APPEAL NO.37 OF 2021 IN C.R.P. NO.7-K OF 2020 IN CMA NO.690-K OF 2019 IN CONST. P. NO.9 OF 2010, [Messrs Quality Builders v. Federation of Pakistan and others (for grant of time to remove and take away the materials from building)] AND CMA NO.770-K OF 2020, [Matter regarding non-supply of water through already decided Water lines in DHA Karachi] AND CRL. M.A. NO.52-K OF 2018 IN CRL.O.P. NO.7-K OF 2017, [Application for Intervener filed by Muhammad Asif Shafi (Against seeking direction for demolition of illegal construction on Plot 70-A, Sindhi Muslim Cooperative Housing Society, Karachi)] AND CMA No.631-K OF 2019 IN CONST. P. No.9 OF 2010, [Application for Intervener filed by Mrs. Nelofar Abbasey (Illegal construction is carried out by King Builders over Private Park/ Amenity Plot)] AND CMA NO.78-K OF 2020 IN CONST.P. NO.9 OF 2010, [Application for intervener filed on behalf of Muhammad Talha and Mansoor Sharif Hamid (regarding high rise building on amenity plot)] AND CMA No.83-K OF 2020 IN CONST. P. No.9 OF 2010, [Application for intervener filed on behalf of Pakistan Mercantile Exchange Ltd. and NCEL Building Management Ltd. (regarding Hyatt Regency Hotel)] AND CMA No.512-K OF 2020 IN CONST. P. No.9 of 2010, [Application for Intervener filed by Mst. Yasmeen Lari (Regarding Karachi Gymkhana)] AND CMA No.523-K of 2020 in CONST. P. No.9 of 2010, [Muhammad Waseem Samoo v. Federation of Pakistan and others (matter regarding King Cottage/Bagh-e-Qamar Situated at Scheme 36, Gulistan-e-Johar, Karachi] AND CMA No.594-K OF 2020 IN CONST. P. No.9-K OF 2010, [Messrs Madrasa Tahfeezul Quran Al Karim v. Federation of Pakistan and others (matter regarding Illegally constructed 18 floor building in a very sensitive area near Police Head Quarter at Garden Area)] AND CMA No.617-K of 2019 IN CONST. P. No.9 OF 2010, [Application for Intervener filed by Venu G. Advani (Against illegal conversion of plot from residential into commercial locals at Block 4, Scheme-5, Clifton, Karachi)] AND CMA No.889-K OF 2019 IN CONST. P. No.9 of 2010, [Application for intervener filed on behalf of Pakistan Post through Postmaster General, Karachi (regarding ownership of P and T Colony, also declared as katchi abadi)] AND CRP No. 28-K of 2020 IN CONST. P. No.9 of 2010, [K-Electric Ltd. v. Federation of Pakistan and others (matter regarding fatal incidents resulting from electrocution in the service territory of K-Electric)] AND CMA No.940-K of 2020, [Muhammad Yousaf v. Federation of Pakistan and others (Regarding Sugarcane Crushing Machines Situated at Hasrat Mohani Road, Near Caf Victory, Karachi)] AND CRL. M.A. No.121-K OF 2017 IN CRL. ORG. P. No.7-K OF 2017, [Application for intervener filed by Muhammad Essa (60 feet land reserved for Bus Stop divided into 80 Sq. Yd. Plots - China Cutting Plots)] AND CRL. M.A. No.38-K OF 2018 IN CRL. ORG. P. No.7-K OF 2017, [Application for intervener filed by applicant namely Akbar Hussain (against China Cutting of plots by manipulated documents of plot Nos.R.160/4 and R-160/5 Sector 11, North Karachi, Fabricated against master plan, as these are amenity plots for Bus Stop/Car Parking/Green Belt, etc.)] AND CRL. M.A. No.59-K OF 2018 IN CRL. ORG. P. No.7-K OF 2017, [Application for intervener filed by Mr.Ghulam Rasool Mangi, Advocate-on-Record on behalf of applicant namely Shah Muhammad (against encroachment made around Ziauddin Hospital, Clifton Karachi by its management and false cases registered against applicant)] AND CMA No.423-K OF 2019 IN CONST. P. No.9 of 2010, [Application for intervener filed by Prof. Dr. Muhammad Shahid Hussain (encroachment over public road in between St. 6 to St. 8, Gulshan-e-Iqbal Block 4, KDA Scheme-24, Karachi)] AND CRL. M.A. No.71-K OF 2018 IN CRL. ORG. P. No.7-K OF 2017, [Application for intervener filed by Muhammad Hussain, in person (against encroachment by the land grabber on 51 plots of the. applicant and sector 51-C, Korangi Township, Karachi)] AND CMA No.179-K OF 2020 IN CONST. P. No.9 of 2010, [Application for intervener filed on behalf of Rashid Ali (Demolishing of petrol pump on plot No.PP- Shahrah-e-Quaid, Karachi)] AND C.P. No.422-K OF 2020, [Mst. Zahida# Naz v. Province of Sindh and others (petitioners have challenged the purported commercialization of the residential plot No.A/216, Block C, Unit No.2, Latifabad, Hyderabad and its amalgamation with an amenity plot)] AND CMA No.767-K OF 2020 IN CONST. P. No.9 of 2010, [Syed Masood Ahmed and others v. Federation of Pakistan and others (Defence Officers Housing Authority has been and is illegally converting various plots to use other than its original use)] AND C.P. No.92-K OF 2020, [Karachi Chamber of Commerce and Industry v. Karachi Metropolitan Corporation and others (conversion of residential land into commercial i.e. plot No.79, Service Street No.C-F 1-5, Old Clifton, KDA Scheme-5, Karachi)] AND C.P. No.93-K OF 2020, [Karachi Chamber of Commerce and Industry v. Province of Sindh and others (conversion of residential land into commercial i.e. plot No.79, Service Street No.C-F 1-5, Old Clifton, KDA Scheme-5, Karachi)] AND CRL. ORG. P. NO.19-K OF 2017 IN CRL. ORG. P. No.7-K OF 2017, [Ghulam Muhiy ud Din v. Province of Sindh through Secy: Local Govt. and others (matter pertains to 35000 plots at 112 sites of KDA Schemes/Township will be got vacated and recovered and put to use for which they were originally meant in master plan] AND CRL. M.A. No.124-K OF 2017 IN CRL. ORG. P. No.7-K OF 2017, [Application for intervener filed by Muhammad Ismail Shaheedi (regarding lands Illegally occupied by land grabber in Karachi] AND CRL. M.A. No.132-K/2017 IN CRL. ORG. P. 7-K OF 2017, [Application for intervener filed by Advocate-on-Record for the applicant Anjuman-e-Kalyana (Amenity plot allotted for Kalayana Community Centre at North Karachi as illegally demolished by respondent)] AND CRL. M.A. No.111-K OF 2018 IN CRL. M.A. No.132-K OF 2017 IN CRL. ORG. P. No.7-K OF 2017, [Application for withdrawal filed by in person namely Anjuman-e-Kalayana through its President] AND CRL. M.A. NO.243-K OF 2018 IN CRL. M.A. No.8-K OF 2018 IN CRL. ORG. P. No.7-K OF 2017, [Application for withdrawal filed by in person namely Anjuman-e-Sadat-e-Amroha through its President] AND CRL. M.A. No.8-K OF 2018 IN CRL. ORG. P. No.7-K OF 2017, [Application for intervener on behalf of Anjuman-e-Sadat-e-Amroha (for restraining from demolishing further construction on the applicant plot which was allotted by KDA to Anjuman on 6.8.1974] AND CRL. M.A. No.19-K OF 2018 IN CRL. ORG. P. No.7-K OF 2017, [Application for intervener filed by Mr. A.S.K. Ghori, Advocate-on-Record on behalf of applicant namely Muhammad Jaffar (for removal of encroachment and unauthorized illegal construction around Saddar and Katrak Road Karachi and has also requested that order dated 29.11.2017 be enlarged and stretched to encompass the cantonment area)] AND CRL. M.A. No.20-K OF 2018 IN CRL. ORG. P. No.7-K OF 2017, [Application for intervener filed by Muhammad Raees (regarding encroachment on applicant's plot by constructing boundary wall ittant thereon by Mr. ussain Rajpar, Land Grabber)] AND CRL. M.A. NO.72-K OF 2018 IN CRL. ORG. P. No.7-K OF 2017, [Application for intervener filed by Mr.Mazhar Ali B. Chohan, Advocate-on-Record on behalf of Aunjuman-e-Muslman-e-Kalyana (seeking direction to restrain KDA and SBCA to not to demolish Girls College, Girls School, Coaching Centre and Medical Centre established on amenity plot)] AND CMA No.59-K OF 2019 IN CONST. P. No.9 OF 2010, [Application for intervener filed by Syed Arif Shah (Encroachment on amenity plot allotted at Orangi for establishing Muslim Missionary College and Allied Institutions) AND CMA No.349-K of 2019 in C.P. No.815-K of 2016, [Application for intervener filed on behalf of Public Interest Law Association of Pakistan (for seeking direction of this Court to have empty plots of Karachi developed with parks and playground with the coordination of the relevant authorities)] AND CMA No.875-K of 2019 IN CONST. P. No.9 of 2010, [Application for intervener filed by Muhammad Saleem#Qureshi (regarding cancellation of false and fabricated lease granted on amenity plot at Bihar Colony Layari)] AND CMA No.933-K of 2019 IN CONST. P. No.9 of 2010, [Application for intervener filed by Mrs. Mahamadi (regarding demolishing of all illegal construction and usage of public property on main Korangi service road)] AND CM. APPEAL No.139 OF 2020 IN CMA NIL/2020 IN CMA No.933-K OF 2019 IN CONST. P. No.9 of 2010, [Samira Mahmadi v. The Registrar Supreme Court of Pakistan (for correction of order dated 13.8.2020) AND CMA No.202-K OF 2020 IN CONST. P. No.9 of 2010, (Application for intervener filed on behalf of AVA Ardeshir Cowas jee (regarding allotment of Plot No.9B, GK 1, Ghulam Hussain Kasim Quarters Karachi)] AND CMA No.281-K of 2020 IN CONST. P. No.9 of 2010, [Application for intervener filed on behalf of the Karachi Goan Association (regarding allotment of plot No.J.M.1/79, Jarnshed Quarters, M.A. Jinnah Road, Karachi)] AND CMA No.522-K of 2020 IN CONST. P. No.9 of 2010, [Waleed Ahmed and others v. Federation of Pakistan and others (Plot No.SNPA-21D and SNPA-23, both are public amenities and meant for "Park" and the same are used for marriage/ commercial activities)] AND CRL. M.A. NO.32-K OF 2018 IN CRL. ORG. P. NO.7-K OF 2017, [Application for intervener filed by Mr. Ghulam Qadir Jatoi, Advocate-on-Record (for issuance of allotment order and lease deed in favour of applicant)] AND CRL. M.A. NO.1-K OF 2019 IN CRL. ORG. P. NO.7-K OF 2017, [Application for intervener filed by Mr.Mazhar Ali B. Chohan, Advocate-on-Record on behalf of Moulana Muhammad Ali Johar Memorial Cooperative Housing Society (seeking direction for removal of encroachment from the plot of applicant society)] AND CRL. M.A. No.34-K/2020 IN CRL. ORG. P. NO.7-K OF 2017, [Application for intervener filed by Mr. Ghulam Rasool Mangi, Advocate-on-Record on behalf of Messrs Fatima Jinnah Dental College and Hospital Trust (matter pertains to non-profitable educational institution/trust on plot No.AM/ 1/B at Bhittai Colony "Amenity Plot")] AND CMA No.761-K OF 2020 IN CONST. P. No.9 of 2010, [Abdul Haq Abbasi v. Federation of Pakistan, etc. (matter regarding encroached overstate property situated at Sindh Muslim Society Karachi)] AND CMA No.808-K of 2020 IN CMA No.459-K of 2020 IN CONST. P. No.9 of 2010, [Muhammad Ameer Shah v. Federation of Pakistan and others. (encroachment over 2000 million road at North Karachi)] AND CMA No.941-K of 2020, [Niarnatullah Khan Advocate v. Federation of Pakistan and others (Regarding encroachment in Jacobabad at various governmental lands (i.e. amenities parks, etc) by influential persons)] AND C.M. Appeal No.16 of 2021 in Const.P. No.9 of 2010, [Haji Abdul Razziq Khan (Regarding Encroachment over Amenity Plot at PECHS) v. Federation of Pakistan, etc] AND CRL. M.A. No.95-K OF 2018 IN CRL. ORG. P. No.7-K OF 2017, [Application for intervener filed by Imdad Hussain Applicant in person (against notice issued by the KDA for demolition/vacating of the house of applicant i.e. House # 318, sector 6-B, Mehran Town Korangi Industrial Area Karachi)] AND CRL. M.A. No.214-K OF 2018 IN CRL. ORG. P. No.7-K OF 2017, [Application for intervener filed by Salman Muhammad (for seeking directions to stop anti-encroachment operation against the poor villagers Gulshan-e-Saiful#Mance, Sector 8, Scheme 41, Surjani Town, Karachi)] AND CRL. M.A. No.2-K OF 2019 IN CRL. ORG. P. No.7-K OF 2017, [Application for intervener filed by Muhammad Farhan (Against illegal demolition of the lawful construction on the plot owned by applicant, as it was offered by KDA illegally in compensation to Mst. Sabiha Parveen)] AND CMA No.521-K of 2019 IN CONST. P. No.9 of 2010, [Application for intervener filed by Murtaza Ali (regarding illegal encroachment on Plot Nos.33 and 34, PR-II, Preedy Quarters Karachi)] AND CMA No.527-K of 2019 IN CONST. P. No.9 of 2010, [Application for intervener filed by Advocate Aqeel Hassan Khan (Illegal construction of Masjid on Plot # R-07 Longlife Banglows Block 17, Gulistan-e-Johar)] AND CMA No.162-K OF 2020 IN CONST. P. No.9 of 2010, [Application for intervener filed on behalf of Ms. Muneera Khatoon (against illegal encroachment over plot bearing Nos.46-F and 46-G situated at Bihar Colony, Shah Abdul Latif Bhittai Road, Karachi)] AND CMA No.193-K OF 2020 IN CONST. P. No.9 of 2010, [Application for intervener filed by Khawaja Muhammad Asghar (regarding encroachment of Plot Nos.B-100 and B-113 Block 10 Gulistan-e-Johar, Karachi)] AND CMA No.762-K OF 2020 IN CONST. P. No.9 of 2010, [Syed Khurram#lqbal v. Federation of Pakistan, etc. (matter pertains to encroached land situated in Aligarh Muslim University Old Boys Cooperative Housing Society Ltd. Gulzar-e-Hijri Scheme No.33)] AND CMA No.425-K OF 2019 IN CONST. P. No.9 of 2010, (Application for intervener filed on behalf of Muhammad Jibran Nasir and others (matter regarding discrimination and grievances with regard to anti-encroachment operation in Karachi)] AND CRL ORG. P. No.5-K OF 2020 IN CONST. P. No.9 of 2010, [Muhammad Jibran Nasir and others v. Mr.Habibur Rehman Ghiani and others (matter pertains to resettlement and rehabilitation plan for the affectees who have been dispossessed or dislocated due to the anti-encroachment drive)] AND CMA No.809-K OF 2020 IN CMA No.460-K OF 2019 IN CONST. P. No.9 of 2010, [Yousaf Masih v. Federation of Pakistan and others (regarding grievances of people of Salman Brohi Goth as they apprehend to be dispossessed/vacated from the land in question)] AND CMA No.82-K OF 2020 IN CONST. P. No.9 of 2010, [Application for intervener filed by Syed Mehmood Akhtar Naqvi#(regarding corruption allegations against mentioned officials SBCA and highlighted the illegal construction and encroachment in certain arrears of Karachi)] AND CMA No.336-K OF 2020 IN CONST. P. No.9 of 2010, [Mr. Imran Ayub Khan Advocate v. Federation of Pakistan and others (issue regarding title documents the people living at Allah Bux Goth registered as Kachi abadi)] AND CRL. ORG. P. No.1-K OF 2020 IN CONST. P. No.9 of 2010, [Syed Mehmood Akhtar Naqvi v. Qazi Shahid Pervaiz, Senior Member, Board of Revenue, Goverment. of Sindh and others] AND CMA No.510-K OF 2021, [Muhammad Ashraf Samoo v. The Province of Sindh and others (applicant has pointed out various issues i.e. corruption, violation of Fundamental Rights, etc.)] AND CMA No.300-K OF 2020 IN CONST. P. No.9 of 2010, [Niamatullah Khan Advocate v. Federation of Pakistan (Statement of the Amicus Curiae from "Salahuddin Ahmed, Advocate Supreme Court") AND CMA No.414-K OF 2020 IN CONST. P. No.9 of 2010, [Niamatullah Khan Advocate v. The Province of Sindh and another (for extension of time for compliance of orders)] AND Report No.7-K of 2021, [Report filed on behalf of Chief Minister, Sindh through Advocate-on-Record, in compliance of Court Order dated 09-05-2019 v. Federation of Pakistan and others], decided on 16th June, 2021.
- Salman Talibud Din, Advocate General, Sindh, Sibtain Mehmood, Additional A.G. Sindh Naveed Ahmed Sheikh, Commissioner Karachi and Dr.Saeed Ahmed Qureshi, Focal Person of Chief Secretary for the Government of Sindh.
- , Dr. Raana Khan, Advocate-on-Record, Faisal Siddiqui, Advocate Supreme Court, Abid S. Zuberi, Advocate Supreme Court, Salahuddin Ahmed, Advocate Supreme Court, Mrs. Abida Perveen Channar, Advocate Supreme Court, Badar Alam, Senior Advocate Supreme Court, Syed Ashiq Raza, Advocate Supreme Court, Yawar Farooqi, Advocate Supreme Court, K.A. Wahab, Advocate-on-Record, Mazhar Ali B. Chohan, Advocate-on-Record, Kamal Azfar, Senior Advocate Supreme Court, Zakir Hussain Khashkheli, Advocate Supreme Court, Ms. Sana Akram Minhas, Advocate Supreme Court, Ms. Razia Danish, Advocate Supreme Court and Syed Ali Zafar, Advocate Supreme Court (via video link, Islamabad).
- Habibur Rehman, Secretary Railways, Raja Qasit Nawaz, Advocate Supreme Court, M. Hanif Gul, D.S. Railways, Amir Muhammad Daud Pota, D.G., KCR, Rao Moiuddin, ADLA, Karachi, Salman Kazmi, Legal Consultant, Nisar Ahmed Memon, Sr. G.M. and Hafeez Ullah, Director Land Lahore for Pakistan Railways.
- Dr.Raana Khan, Advocate-On-Record and Syed Jameel Ahmed, Advocate Supreme Court for SBCA.
- Nadir Abbas Soomro, D.G.and Mirza Sarfraz Advocate Supreme Court for KDA.
- Adil Rafi, Director,, Military Land and Cantonment, Karachi, M. Saleem Hassan,, CEO, Clifton Cantonment, M. Farooqu, Military Estate Officer, Karachi Omer Masoom Wazir, CEO, Korangi Cantonment, M.Umer Riaz, Advisor/Advocate Supreme Court, on behalf of Cantonment Board, Karachi Region, Rana Khawar Iftikhar, CEO, Faisal Haider Ali Sial, CEO, Malir, Qazi Rizwan Ahmed, CEO, Karachi, Cantonment and Umar Mehboob, CEO for Cantonments.
- 9. Chairman, WAPDA has appeared and filed a report about K-IV Project for supply of additional water of 650 MGD to Karachi. He states that consultant for the project has already been appointed and all plans/drawings have been prepared and now it is to be executed by the contractor. He states that the whole project is going to be completed within 22 months i.e. by October, 2023. He has issues regarding 'right of way' with Government of Sindh. Learned Advocate General Sindh has assured that there would be no obstruction in this regard.
- 10 So far as the next point with regard to flow of funds is concerned, it is stated by the Chairman, WAPDA that 50% of the cost of K-IV Project is to be borne by the Federal Government and the remaining 50% by the Government of Sindh. Both the learned Attorney General for Pakistan so also Advocate General Sindh state that they will instruct their respective Governments not to create obstruction in the flow of funds for completion of K-IV Project by the WAPDA and ensure that this very project is not delayed at all.
- 16. Let a notice be issued to the Advocate General Sindh for a date in the next session.
- 17. Let a notice be issued to the Advocate General Sindh for a date in the next session.
Headnotes / Summary
Khalid Javed Khan, Attorney General for Pakistan and Kashif Sarwar Paracha, Additional AGP for the Federation. Salman Talibud Din, Advocate General, Sindh, Sibtain Mehmood, Additional A.G. Sindh Naveed Ahmed Sheikh, Commissioner Karachi and Dr.Saeed Ahmed Qureshi, Focal Person of Chief Secretary for the Government of Sindh. In Attendance , Dr. Raana Khan, Advocate-on-Record, Faisal Siddiqui, Advocate Supreme Court, Abid S. Zuberi, Advocate Supreme Court, Salahuddin Ahmed, Advocate Supreme Court, Mrs. Abida Perveen Channar, Advocate Supreme Court, Badar Alam, Senior Advocate Supreme Court, Syed Ashiq Raza, Advocate Supreme Court, Yawar Farooqi, Advocate Supreme Court, K.A. Wahab, Advocate-on-Record, Mazhar Ali B. Chohan, Advocate-on-Record, Kamal Azfar, Senior Advocate Supreme Court, Zakir Hussain Khashkheli, Advocate Supreme Court, Ms. Sana Akram Minhas, Advocate Supreme Court, Ms. Razia Danish, Advocate Supreme Court and Syed Ali Zafar, Advocate Supreme Court (via video link, Islamabad). Brigadier Waqar Commander 494, Group FWO and Abdul Basit Khan Tanoli, Legal Advisor for F.W.O. Habibur Rehman, Secretary Railways, Raja Qasit Nawaz, Advocate Supreme Court, M. Hanif Gul, D.S. Railways, Amir Muhammad Daud Pota, D.G., KCR, Rao Moiuddin, ADLA, Karachi, Salman Kazmi, Legal Consultant, Nisar Ahmed Memon, Sr. G.M. and Hafeez Ullah, Director Land Lahore for Pakistan Railways. Dr.Raana Khan, Advocate-On-Record and Syed Jameel Ahmed, Advocate Supreme Court for SBCA. : Assad Ullah Khan, M.D. for KWSB. : Messrs Idrees Mahsud, Member, Islamabad for NDMA. Nadir Abbas Soomro, D.G.and Mirza Sarfraz Advocate Supreme Court for KDA. Laeeq Ahmed, Administrator Azra Muqeem, Legal Advisor and Bashir Siddiqui Director Anti Encroachment for KMC. Khaqan Murtaza, DG and, Nadir Shafi Dar, Deputy D.G. for CAA. Ambar Ali Bhai, Shehri for CBE. Moonis Abdullah Alvi, CEO for K-Electric. Adil Rafi, Director,, Military Land and Cantonment, Karachi, M. Saleem Hassan,, CEO, Clifton Cantonment, M. Farooqu, Military Estate Officer, Karachi Omer Masoom Wazir, CEO, Korangi Cantonment, M.Umer Riaz, Advisor/Advocate Supreme Court, on behalf of Cantonment Board, Karachi Region, Rana Khawar Iftikhar, CEO, Faisal Haider Ali Sial, CEO, Malir, Qazi Rizwan Ahmed, CEO, Karachi, Cantonment and Umar Mehboob, CEO for Cantonments.
Judgment & Decree
GULZAR AHMED, C.J.
CMA No. 441-K/2021 (GUJJAR NALLAH AND ORANGI NALLAH): The learned Attorney General for Pakistan states that he will seek instructions from the Federal Government so also from the Chief Minister Sindh and come up with a solution for the rehabilitation of the affectees of Gujjar Nallah and Orangi Nallah. Let such an exercise be done and a report, in this regard, be submitted before the Court in the next session. CMAs Nos.625-K and 576-K/2021:
2. For reasons to be recorded separately, these applications are dismissed. CMA No.86-K/2020 (COMM-3)
3. The Director General, Karachi Development Authority (DG, KDA) has placed before us layout plan of Kehkeshan Scheme No.5, Clifton Karachi. In the said plan, there is plot No.ST-4 under which is mentioned 'hospital'. We note that there is a private hospital by the name of Zia-ud-Din Hospital operating on this plot. The plot being amenity, which is also adrriitted by the DG, KDA before us the same could not have been allowed to be used for private/commercial purposes by an individual/private party/ private company. Let notice be issued to the owners of Zia-ud-Din hospital situated on plot No.ST-4, Kehkeshan, Scheme No.5, Clifton Karachi to show cause as to how a private hospital could be allowed to be operated on this amenity plot and why this hospital should not be removed. Similarly, notice be also issued to the owners of South City Hospital, who are occupying ST plot on Khayaban-e-Firdousi and running a private hospital meant for extra rich people. Let the owners appear and show cause as to why the said plot should not be got vacated to be used for amenity purposes for which it is meant. C.M.As. Nos.86-K and 711-K/2020 (COMM-3)
4. DG, KDA has filed a report. Same is taken on the record. C.M.A. No.7111-K/2020 has also been filed in respect of KDA Scheme Kehkishan Clifton and both DG, KDA and Shehri will prepare a comprehensive report regarding plots in this scheme named Comm, as to when these plots were created, and when and how and who allotted these plots, full description of these plots and present status of each of the Comm plots be given by the DG, KDA.
5. A separate report shall be prepared by the DG, KDA about ST plots all over Karachi and in the first instance, regarding Kehkishan Clifton. Such report be filed by the DG, KDA before the next date of hearing. The DG, KDA shall give status of the ST plots, their size/area, its actual use provided in the master plan and use to which it has been put. If the plots are allotted, DG, KDA shall mention the same. The manner of allotment of the plots, the person(s) to whom they have been allotted, the terms on which such allotments are made and the authority which has granted allotments.
6. To be listed in the next session. C.M.A. No.689-K/2021( Aladin Park)
7. A report bearing No.54-K/2021 along with the photographs has been submitted by the Commissioner Karachi showing that the Court order dated 13.06.2021 has been partially complied with, in that, there are 400 shops built on Aladin Park which are in the process of being demolished and the occupants of the shops, who are having their merchandises in them have been asked to remove the same from the shops. It is also stated that Pavilion Club is also in the process of demolition. Commissioner Karachi and Director General Anti-encroachment seek more time to fully implement the order dated 13.06.2021. A week's time is allowed to them to make compliance.
8. Let further report be submitted by the Commissioner Karachi after one week. The Commissioner Karachi will ensure removal of all encroachments/buildings which are unauthorized, including Pavilion Club and shops from Aladin Park, take over possession of the said park and maintain it by putting into use for which it was originally meant. The Aladin Park shall remain in possession of the Commissioner Karachi. No part of this shall be allowed to be occupied or used by any other person or company by whatever name. The order of auction of this park by official assignee stands recalled. C.M.A. No.770-K of 2020 (Supply of water)
9. Chairman, WAPDA has appeared and filed a report about K-IV Project for supply of additional water of 650 MGD to Karachi. He states that consultant for the project has already been appointed and all plans/drawings have been prepared and now it is to be executed by the contractor. He states that the whole project is going to be completed within 22 months i.e. by October, 2023. He has issues regarding 'right of way' with Government of Sindh. Learned Advocate General Sindh has assured that there would be no obstruction in this regard. 10 So far as the next point with regard to flow of funds is concerned, it is stated by the Chairman, WAPDA that 50% of the cost of K-IV Project is to be borne by the Federal Government and the remaining 50% by the Government of Sindh. Both the learned Attorney General for Pakistan so also Advocate General Sindh state that they will instruct their respective Governments not to create obstruction in the flow of funds for completion of K-IV Project by the WAPDA and ensure that this very project is not delayed at all. C.M.A. No.510-K of 2021:
12. Commissioner, Larkana is in attendance. He has filed a report in which he has stated that Harmain hotel has been constructed on Sessions Court Road in Jacobabad and it is in the process of being demolished as the same has been constructed on the government land meant for educational use. The applicant of C.M.A. No.941-K/2020 has also referred to six other properties of government vide para 6 of the C.M.A. a ground of Government Girls High School Jacobabad which is encroached by Abdul Baqi Abro, Clerk of Education Department Government of Sindh. Third property is the Ghora Hospital which is located opposite Zila Counsel, District Council Road, Jacobabad has been encroached by a private school by the name of Saint Jhon Grammar School and College Jacobabad and is said to be encroached by an M.P.A. Mumtaz Jhakrani, who has built his house on it and is called Zain House.
13. The District Police Officer, Jacobabad was stated to be present in the Court but when the matter is called, is not in attendance. He shall not be paid/allowed any TA/DA. No TA/DA shall also be payable to the D.S.P. Jacobabad who was not called by the Court. Further, District Police Officer, Jacobabad shall give his explanation as to why he was not present in Court when the matter was called. Copy of this order be sent to Inspector General of Police Sindh for compliance.
14. The Commissioner Larkana, Deputy Commissioner Jacobabad as well as District Police Officer Jacobabad shall ensure that the properties mentioned in the application are properly examined as per record and put to the use for which they are meant. No untoward incident should be allowed to take place by the officials and ensure that the matter regarding these properties is settled. A report in this regard shall be filed by the Commissioner, Larkana as well as the Deputy Commissioner, Jacobabad.
15. Re-list in the next session. C.P. No.599-K of 2020 (NAWAB SHAH)
16. Let a notice be issued to the Advocate General Sindh for a date in the next session. C.M.A. No.510-K of 2021
17. Let a notice be issued to the Advocate General Sindh for a date in the next session. C.R.P. No. 15-K/2021 and C.M.A. No.906-K/2020
18. Mian Raza Rabbani, ASC has sent an adjournment application. Allowed. Adjourned. C.M.A. No.714-K/2020 and C.P. No.92-K and 93-K/2020
19. Khawaja Shamas-ul-Islam, ASC has sent an adjournment application. Allowed. Adjourned.
20. All the remaining matters shall be taken up in the next session. MWA/N-17/SC Order accordingly.