2022 PLP 133 (SCMR)
NIAMATULLAH KHAN ADVOCATE and others — Petitioners/Appellants Versus FEDERATION OF PAKISTAN and others — Respondents
| Citation | 2022 PLP 133 (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 | (b) Constitution of Pakistan, (a) Supreme Court Rules, 1980, (c) Constitution of Pakistan |
Q1: What are the key laws and sections cited in 2022 PLP 133 (SCMR)?
This judgment primarily cites: (b) Constitution of Pakistan, (a) Supreme Court Rules, 1980, (c) Constitution of Pakistan, (d) Constitution of Pakistan as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2022 PLP 133 (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 133 (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)---Matter regarding encroachment over public properties in Karachi city---Mushroom growth of encroachments on public properties, namely, open spaces, parks; playgrounds, roads, footpaths and other amenity lands could be observed all over the city---Supreme Court issued notices to all the District Administrators, Municipal Corporations/ District Municipal Commissioners of Karachi with the directions they shall be present in Court on the next date of hearing; that they shall also file reports concerning removal of encroachments from all roads, footpaths, streets, lanes and gallies (alleys) and also remove all encroachments from parks and playgrounds within their respective areas; that all roads, footpaths, streets, lanes and gallies on which any encroachment was found, those shall be removed immediately and the roads, footpaths, streets, Ianes and gallies shall be cleared up and restored; that they shall also ensure that proper lights on the roads, footpaths, streets, lanes and gallies were provided; that if there was any garbage or unhealthy elements in the parks and playgrounds, those shall immediately be removed and greenery work shall be started by laying green grass, plants and trees in the parks and playgrounds; that proper furniture shall also be provided; that facilities of electric lights, drinking water, toilets for men and women and other recreation areas shall also be arranged; that the land of parks and playgrounds shall be secured by installation of iron grills around them; that all dilapidated and unconstructed road, service lanes and gallies shall immediately be constructed and if any repair work was required, such work shall also be immediately made; and that all Administrators/ Municipal Commissioners shall put up their respective reports before the Supreme Court on the next date of hearing.
- ----Art. 184(3)---Matter relating to construction of fifteen storey "Nasla Tower" built illegally on encroached land meant for a service road---Demolition of said tower on the directions of the Supreme Court---Supreme Court directed that the city Commissioner shall have the building demolished through controlled modern device of detonation, ensuring no loss or damage to any property or person around the tower; that the Commissioner shall ensure that the demolition work was completed within one week's time, and the whole land was levelled and its demolition waste removed; that the cost of demolition of the tower shall be paid by its owner and if the owner did not pay such costs to the Commissioner, the Commissioner, could recover the same from the land owned by the owner by having it attached and sold, and that a report in such regard shall be submitted before the Court by the Commissioner on next date of hearing.
- Munir A. Malik, Senior Advocate Supreme Court along with K.A. Wahab, Advocate-on-Record, Abid S. Zubari, Advocate Supreme Court, Anwar Mansoor Khan, Senior Advocate Supreme Court, Ms. Umaimah Anwar Khan, Advocate Supreme Court, Syed Ashikue Raza, Advocate Supreme Court, Ms. Abida Parveen Channar, Advocate-on-Record, Mian Raza Rabbani, Advocate Supreme Court, Raja Qasit Nawaz, Advocate Supreme Court, Khawaja Shamsh-ul-Islam, Advocate Supreme Court, Syed Abdul Waheed, Advocate Supreme Court, Muhammad Ashraf Samoo, Advocate Supreme Court, Zakir Hussain Khaskhali, Advocate Supreme Court, Badar Alam, Senior Advocate Supreme Court, Khalid Mehmood Siddiqui, Advocate Supreme Court and Dr. Raana Khan, Advocate-on-Record for Petitioners/Appellants.
- Mst. Sabiha Parveen for Petitioners (in Crl. O. P.7-K of 2017).
- Syeda Maria Raza for Petitioners (in Crl. O. P.9-K of 2021).
- Mrs. Amber Ali Bhai and Dr. Sadia Virk for Petitioners (in Crl. M. A.59-K of 2018).
- Muhammad Akram Abro for Appellants (in C.M.A..775-K of 2021).
- Akbar Hussain for Appellants (in Crl. MA.38-K of 2018).
- Syed Arif Shah for Appellants (in C.M.A..59-K of 2019).
- Muhammad Irfan for Petitioners (in Crl. O. P.10-K of 2021).
- Murtaza Ali for Appellants (in C.M.A. 521-K of 2019).
- Ijaz Hussain Jakharani and Sajjad Hussain Jakharani for Appellants (in C.M.A. 941-K of 2020).
- 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 C.M.A. NO.6206 OF 2013 IN CONST. P. NO.9 OF 2010, [Report of Additional Registrar of this Court] AND GUJJAR NALLAH, C.R.P. No. 61-K of 2021, [Shehri Citizen for a better Environment and others (matter regarding encroachment over Gujjar Nallah Orangi Nallah v. Niamatullah Khan Advocate and others)] AND CRIMINAL ORIGINAL PETITION NO.9-K OF 2021, [Syeda Maria Raza v. Government of Sindh through Secretary Sindh and others (matter regarding illegal encroachment over drainage river of Haji Limo Village at Gulshan-e-Iqbal)] AND C.M.A. NO. 441-K OF 2021, [Niamatullah Khan Advocate v. Federation of Pakistan and others [Faiz Muhammad v. Province of Sindh through Chief Secretary and others (regarding illegal encroachment over drainage river of Haji Limo village at Gulshan-e-Iqbal)] AND C.M.A. No. 819-K OF 2021, [Mrs. Almas Rizwan and others v. Federation of Pakistan and others (matter pertains to Gujjar Nallah)] AND C.M.A. No.850-K OF 2021, [Khalil ur Rehman v. Federation of Pakistan and others (matter pertains to Gujjar Nallah)] AND NASLA TOWER, C.R.P. NO. 55-K OF 2021, [Feroza and others v. Federation of Pakistan and others (Matter regarding Nasla Tower)] AND C.R.P. NO. 56-K OF 2021, [Abdul Qadir v. Niamatullah Khan Advocate and others (matter pertains to Nasla Tower)] AND CIVIL AVIATION AUTHORITY, C.M.A. No.774-K OF 2021, [Civil Aviation Authority v. Federation of Pakistan and others (matter regarding Land allotted to CDA in 1990)] AND AMENITY PLOT USED FOR MARRIAGE HALL, C.M.A. No.522-K OF 2020 IN CONST. P. No.9 OF 2010, [Waleed Ahmed and others v. Federation of Pakistan and others (Plots Nos.SNPA-21-D and SNPA-23, both are public amenities plots and meant for "Park" and the same are used for marriage/commercial activities)] AND ZIA UDDIN HOSPITAL, CRL.M.A. No.59-K OF 2018, [Application for Intervener filed by Mr. Ghulam Rasool Mangi, Advocate-on-Record on behalf of applicant namely, Shah Mohammad (against encroachment made around Ziauddin Hospital, Clifton .Karachi by its management and false cases registered against applicant)] AND SOUTH CITY HOSPITAL, C.M.A. No.1062-K of 2021, [Dr. Sadia Rasool Virk v. Federation of Pakistan as others to show cause notice on behalf of South City Hospital)] AND C.MA. NO.1064-K OF 2021, [Messrs South City Hospital (Pvt.) Ltd. v. Federation of Pakistan and others (reply to Show cause notice on behalf of South City Hospital)] AND ENFORCEMENT IN JACOBABAD OF AMENITIES, C.M.A. NO.941-K OF 2020, [Niamatullah Khan Advocate v. Federation of Pakistan and others (regarding encroachment in Jacobabad at various government lands i.e. amenities, parks etc. by influential persons)] AND C.M.A. No.775-K OF 2021, [Muhammad Akram Abro v. Federation of Pakistan and others (Applicant has prayed for the correction of order dated 16.06.2021 whereby he has requested to read name Hotel Mairaj instead of Hotel Hermain)] AND ALADIN PARK, C.M.A. NO.698-K OF 2021, [Messrs A.A. Joy Land (Pvt.) Ltd. v. Federation of Pakistan and others (matter pertains to Aladin Park)] AND C.M.A. No.1000-K OF 2021, [Niamatullah Khan and others v. Federation of Pakistan and others (matter regarding Aladin Park)] AND PARKING ISSUES OF HIGH COURT OF SINDH AND FUTURE EXTENTION OF HIGH COURT OF SINDH, C.M.A. No.74-K OF 2020 IN CONST. P. No.9 OF 2010, [Application for intervener filed on behalf of Sindh High Court Bar Association through its Honourary Secretary (regarding parking space at High Court of Sindh)] AND COMM-3, C.M.A. 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 of COMM-3)] AND C.M.A. No.711-K OF 2020, [Messrs Ishaq Enterprises v. Federation of Pakistan and others (objection filed on C.M.A. No. 86-K of 2020)] AND YMCA GROUND, C.R.P. NO.57-K OF 2021, [Asian Pacific Alliance of YMCAs v. Federation of Pakistan and others (matter pertains to YMCA Ground)] AND KIDNEY HILL LAND, CRL. ORG. P. NO. 8-K OF 2021, [Abu Turab v. Syed Mumtaz Ah Shah and others (matter regarding Kidney Hill Land)] AND C.M.A. NO.391-K OF 2020 IN CONST. P. NO. 9 OF 2010 [Abu Turab v. Federation of Pakistan and others (regarding illegal constructions inside of Kidney Hill Land situated at Faran Society, Barrister Ahmed Road near Dhooraji Colony, Karachi)] AND C.M.A. NO.714-K OF 2020 IN CONST. P. NO. 9 OF 2010, [Niamatullah Khan v. Federation of Pakistan and others (mater regarding Al-Fatah Masjid Admeasuring 1400 Sq. Yards at Kidney Hill Ahmed Ali Park, Faran Society, Karachi)] AND C.M.A. NO. 424-K of 2021, [Mr. Ibrahim Younus and others v. Federation of Pakistan and others (Kidney Hill Park Land)] AND C.M.A. NO. 437-K OF 2021, [Niamatullah Khan v. Federation of Pakistan and others (matter regarding various plots at Overseas Cooperative Housing Society lies adjacent to Kidney Hill Park)] AND C.M.A. NO. 438-K OF 2021, [Niamatullah Khan Advocate v. Federation of Pakistan and others (matter regarding various plots at Overseas Cooperative Housing Society lies adjacent to Kidney Hill Park)] AND C.M.A. NO. 515-K OF 2021, [Abrar Hassan v. Federation of Pakistan and others (matter pertains to Kidney Hill Park)], AND HILL PARK LAND, CRL.ORG.P.NO.13-K OF 2021, [Mrs. Gul Nilofer and another v. Major (R) Naveed Ahmed Khan and others] AND KDA OFFICERS CLUB, CRL. M.A. NO. 229-K OF 2018 IN CRL. ORG. P. NO. 7-K OF 2017, [Application for intervener filed by Mr. Ghulam Qadir Jatoi, Advocate-on-Record on behalf of KDA Officer Club (Against illegal and unconstitutional partial demolition on the premises of the applicant at Plot No.ST-6, of Kashmir Road, Karachi)] AND KARACHI CIRCULAR RAILWAY, C.M.A. NO. 621-K OF 2021, [Niamatullah Khan Advocate v. Federation of Pakistan and others. (report regarding KCR, in compliance of order dated 08.04.2021 filed by DG/FWO)] AND C.M.A. NO. 167-K OF 2020, [Application for intervener filed by Syed Muhammad Iqbal Kazmi (the matter regarding KCR project and demolishing of illegal construction in Karachi)] AND C.M.A. 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 C.M.A. 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 C.M.A. NO. 898-K OF 2020, [Pakistan Railways through Divisional Superintendent v. Federation of Pakistan and others (matter regarding encroachment over Pakistan Railway Land and Revival of KCR)] AND C.M.A. NO. 445-K OF 2021, [Nabiha Qureshi v. Federation of Pakistan and others (matter regarding encroachment over Pakistan Railway Land and revival of KCR)] AND C.M.A. NO. 446-K OF 2021, [Messrs Karachi Town Builders and Developers v. Federation of Pakistan and others (matter regarding encroachment over Pakistan Railway Land and revival of KCR)] AND TEJORI HEIGHTS/TOWER ON RAILWAY'S LAND, CRP NO.15-K OF 2021 IN C.M.A. NO.906-K OF 2020 IN CONST.P.NO.9 OF 2010, [Naeemuddin v. Pakistan Railway (matter regarding encroachment over Pakistan Railway Land and revival of KCR) (Tejori Heights/Tower)] AND C.M.A. NO.277-K OF 2021 IN CRP NO.NIL-K OF 2021 IN C.M.A. NO.898-K OF 2020 IN CONST.P.NO.9 OF 2010, [Messrs Karachi Town Builders v. Pakistan Railways Nala regarding encroachment over Pakistan Railway Land and revival of KCR) (Tejori Heights/Tower)] AND C.M.A. NO.278-K OF 2021, [Messrs Karachi Town Builders v. Pakistan Railways (matter regarding encroachment over Pakistan Railway Land and revival of KCR) (Tejori Heights/Tower)] AND RAILWAYS EMPLOYEES COOPERATIVE HOUSING SOCIETY, C.M.A. NO.541-K OF 2020, [Muhammad Ahmed Khan and others v. Federation of Pakistan and others (matter regarding Pakistan Railway Employees Cooperative Housing Society)] AND C.M.A. NO.630-K OF 2020, [Pakistan Railway Employees Cooperative Housing Society Limited v. Federation of Pakistan and others (the matter pertains to encroachment over Railway Land on account of Railway Cooperative Housing Society)] AND ROYAL PARK, C.M. APPEAL NO.37 OF 2021 IN CRP NO.7-K OF 2020 IN C.M.A. 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 NON-SUPPLY OF WATER, C.M.A. NO.770-K OF 2020, [Matter regarding non-supply of water through already decided water lines in DHA, Karachi] AND HIGH RISE BUILDING ON AMENITY PLOTS OR OTHERWISE (MULTI STOREYS BUILDING, CRL. M. A. NO. 52-K OF 2018, [Application for Intervener filed by Muhammad Asif Shafi against seeking direction for demolition of illegal construction on plot No.70-A, Sindh Muslim Cooperative Housing Society, Karachi (Multi-Storey Building)] AND C.M.A. NO. 631-K OF 2019 IN CONST. P. NO.9 OF 2010, [Application for intervener filed by Mrs.Nelofar Abbasey v. (illegal construction is carried out by King Builders over Private Park/Amenity Plot)] AND C.M.A. NO. 78-K OF 2020, [Application for intervener filed on behalf of Muhammad Talha and Mansoor Sharif Hamid v. (regarding high rise building on amenity plot)] AND KING COTTAGE/BAGH-E-QAMAR, C.M.A. 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 No.36, Gulshan-e-Johar, Karachi)] AND HYATT REGENCY HOTEL, C.M.A. 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. v. (regarding Hyatt Regency Hotel)] AND KARACHI GYMKHANA, C.M.A. NO. 512-K OF 2020 IN CONST. P. NO.9 OF 2010, [Application for intervener filed by Mst. Yasmeen Lari (regarding Karachi Gymkhana)] AND PARSA CITY (ILLEGAL CONSTRUCTION OF 18 FLOOR BUILDING, C.M.A. NO. 594-K OF 2020 IN CONST. P. NO.9 OF 2010, [Messrs Madrasa Tahfeezul Quraan 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 HYPER STYAR (RESIDENTIAL INTO COMMERCIAL LOCALS), C.M.A. NO. 617-K OF 2019 IN CONST. P. NO.9 OF 2010, [Application for intervener filed by Venu G. Advani v. (against illegal conversion of plot from residential into commercial locals at Block 4, Scheme-5, Clifton Karachi)] AND P & T COLONY, C.M.A. 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 v. (regarding ownership of P and T Colony also declared as Katchi Abadi)] AND K-ELECTRIC (CONNECTED WITH HRC NO.20883/2018, PENDING AT PRINCIPAL SEAT, ISLAMABAD, C.R.P. NO.28-K OF 2020 IN CONST. P. NO.9 OF 2010, [K-Electric Limited v. Federation of Pakistan and others. (matter regarding fatal incidents resulting from electrocution in. the service territory of K-Electric)] AND SMALL BUSINESS RUNNING I.E. SUGARCANE CRUSHING MACHINE AT FOOTPATHS/ROAD ETC, C.M.A. NO.940-K OF 2020, [Muhammad Yousaf v. Federation of Pakistan and others (regarding . Sugarcane Crushing Machine situated at Hasrat Mohani Road, near Cafe Victory, Karachi)] AND CHINA CUTTING OF AMENITY PLOTS, CRL. M.A. 121-K OF 2017 IN CRL. ORG. P. NO.7-K OF 2017, [Application for intervener filed by Muhammad Essa v. (60 feets land reserved for Bus Stop divided into 80 Sq. Yd. Plots-China Cutting Plot)] 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 v. (against China Cutting of plots by manipulated documents of Plot No.R-160/4 and-160/5, Sector 11, North. Karachi. Fabricated against master plan, as these are amenity plots for Bus Stop/ Car Parking/ Green Belt etc.)] AND C.M.A. NO.423-K OF 2019 IN CONST. P. NO.9 OF 2010, [Application for intervener filed by Porf. Dr. Muhammad Shahid. Hussain v. (encroachment over public road in between St.6 to St.8, Gulshan-e-Iqbal, Block 4, KDA, Scheme-24, Karachi)] AND ENCROACHMENT OVER GREEN BELT (SHARAH-E-QUAIDEEN), C.M.A. NO. 179-K OF 2020, [Application for intervener filed on behalf of Rashid Ali v. (against demolishing/ sealing order of Friends Petrol Pump (Shell) on plot No.PP-1, Survey No.35, Pakistan Employees Cooperative Housing Society, Shahrah-e-Quaideen, Karachi)] AND CONVERSION OF PLOTS FROM RESIDENTIAL INTO COMMERCIAL, 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 C.M.A. 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 its illegally converting various plots to used others than its original use)] AND C.P. NO.92-K OF 2010, [Karachi Chamber of Commerce 'and Industry v. Karachi Metropolitan Corporation and others (conversion of residential land into commercial i.e. Plot No.79, Survey Street No.C-F 1-5, Old Clifton, KDA Scheme-5, Karachi)] AND C.P. No. 93-K OF 2010, [Karachi Chamber of Commerce and Industry v. Karachi Metropolitan Corporation and others (conversion of residential land into commercial i.e. Plot No.79, Survey Street No.C-F 1-5, Old Clifton, KDA Scheme-5, Karachi)] AND VACATION OF 35,000 AMENITY PLOTS AT 112 SITES OF KDA SCHEME/TOWNSHIPS, CRL. ORG. P. NO.19-K OF 2017 IN CRL. ORG. P. NO.7 OF 2017, [Ghulam Muhiyuddin v. Province of Sindh through Secretary Local Governmemt and others (matter pertains to 35,000 plots at 112 sites of KDA Schemes/Townships 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 v. {regarding lands illegally occupied by land grabbers in Karachi)] AND CRL. M.A. NO. 132-K OF 2017 IN CRL. ORG. P. NO.7-K OF 2017, [Application for intervener filed by Advocate-on-Record for the applicant Anjuman-e-Kalayana (Amenity plot allotted for Kalayana Community Centre at North Karachi as illegally demolished by respondent)] AND CRL.MA 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.MA NO.243-K OF 2018 IN CRL.MA 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 filed on behalf of Arijuman Sadat-e-Amroha v. (for restraining from demolishing further construction on the applicant plot which was allotted by KDA to Anjuman on 06.08.1974)] 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 v. (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 stretch 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 Races v. (regarding encroachment on applicant's plot by construction boundary wall thereon by Mr. Hussain 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, on behalf of Anjuman-e-Musalman-e-Kalayana v. (seeking direction to restrain KDA and SBCA not to demolish Girls College, Girls School, Coaching Centre and Medical Centre established on amenity plot)] AND ENCROACHMENT OVER AMENITY PLOTS, C.M.A. NO.59-K OF 2019 IN CONST. P. NO.9 OF 2010, [Application for intervener filed by Syed Arif Shah v. (encroachment on amenity plot allotted at Orarigi for establishing Muslim Missionary College and Allied Institutions)] AND C.M.A. NO.349-K OF 2019, [Application for intervener filed on behalf of Public Interest Law Association of Pakistan v. (for seeking direction of this Court to have Amenity Plots of Karachi developed with parks and playground with the coordination of the relevant authorities)] AND C.M.A. 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 C.M.A. NO.933-K OF 2019 IN CONST. P. NO.9 OF 2010, [Application for intervener filed by Mrs. Mahamadi v. (regarding demolishing of all illegal construction and usage of public prop-erty on main Korangi service road)] AND C.M. APPEAL NO.139 OF 2020 IN C.M.A. NO.NIL OF 2020 IN C.M.A. NO.933-K OF 2019 IN CONST. P. NO.9 OF 2010, (Samira Mahamadi v. The Registrar, Supreme Court of Pakistan (for correction of order dated 13.08.2020)] AND C.M.A. NO.202-K OF 2020 IN CONST. P. NO.9 OF 2010, [Application for intervener filed on behalf of AVA Ardeshir Cowasjee v. (regarding allotment of Plot No.9B, GKI, Ghulam Hussain Kasim Quarters Karachi)] AND C.M.A. NO.281-K OF 2020 IN CONST. P. NO.9 OF 2010, [Application for intervener filed on behalf of the Karachi Goan Association v. (regarding allotment of that Plot No.J.M.I/79. Jamshed Quarters, M.A. Jinnah Road, Karachi)] AND CRL. M.A. NO.32-K OF 2018 IN CRLORG. P. NO.7-K OF 2017, [Application for intervener filed by Mr. Ghulam Qadir, Advocate-on-Record v. (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 C.M.A. No.761-K OF 2020 IN CONST. P. No.9 of 2010, [Abdul Haq Abbasi v. Federation of Pakistan and others (matter regarding encroached overstate property situated at Sindh Muslim Society Karachi)] AND C.M.A. No.808-K of 2020 IN C.M.A. 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 C.M. APPEAL NO.16 OF 2021 IN CONST. P. NO.9 OF 2010, [Haji Abdul Razziq Khan v. Federation of Pakistan and others (regarding enforcement over Amenity Plot at PECHS)] AND C.M.A. NO.782-K OF 2021, [Malik Jameel Ali v. Federation of Pakistan and others (matter regarding Custom Preventive Service Cooperative Housing Society and removal of encroachment from green belt)] AND C.P. NO.599-K OF 2021, [Mumtaz A. Qureshi v. The Province of Sindh and others (matter pertains to encroachment upon the gardens/parts, amenity plots playground and Footpath in the city of Nawabshah/Shaheed Benazirabad)] AND C.M.A. NO.966-K OF 2021 IN C.R.P. NO.NIL-K OF 2021 IN CONST. P. NO.9 OF 2010, [Azhar Ahsan Thanvi v. Federation of Pakistan and others. (natter taa regarding encroachment over Plot No.ST-14)] AND C.M.A. NO.971-K OF 2021 IN C.R.P. NO.NIL-K OF 2021 IN CONST. P. NO.9 OF 2010, [Muhammad Khan Parhar and others v. Federation of Pakistan and others (Matter regarding encroachment over Plot No.ST-14)] AND CRL. ORG. P. NO.10-K OF 2021, [Muhammad Irfan v. Federation of Pakistan and others (matter regarding encroachment over 51 Plots of Gulistan-e-Johar)] AND ILLEGAL ENCROACHMENT OVER PLOT OF INDIVIDUALS, 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 at Sector 51-C, Korangi Township, Karachi)] 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 No.318, Sector 6-B, Mehran Town, Korangi Industrial Area, Karachi)] AND CLR. 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 C.M.A. NO.521-K OF 2019 IN CONST. P. NO.9 OF 2010, [Application for intervener filed by Murtaza Ali (regarding illegal encroachment on Plots Nos. 33 and 34, PR-II, Preedy Quarters, Karachi)] AND C.M.A. 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 No.R-07, Longlife Block-17, Gulistan-e-Johar)] AND C.M.A. NO.162-K OF 2020, [Application for intervener filed on behalf of Ms. Muneera Khatoon (against illegal encroachment over plots bearing Nos.46-F and 46-G, situated at Bihar Colony, Shah Abdul Latif Bhittai Road, Karachi)] AND C.M.A. NO.193-K OF 2020 IN CONST. P. NO.9 OF 2010, [Application for intervener filed by Khawaja Muhammad Asgar (Regarding encroachment of Plots No.B-100 and B-113, Block-10, Gulistan-e-Johar, Karachi)] AND C.M.A. NO.762-K OF 2020 IN CONST. P. NO.9 OF 2010, [Syed Khurram Iqbal v. Federation of Pakistan and others (matter pertains to encroached land situated in Aligarh Muslim University Old Boys Cooperative Housing Society Ltd., Gulzar-e-Hijri Scheme No.33)] AND DISCRIMINATION/GRIEVANCE WITH REGARD TO ENCROACHMENT DRIVE, C.M.A. 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, [Mohammad Jibran Nasir and others v. Mr. Habib ur Rehm an Gillani and others (matter pertains to resettlement and rehabilitation plan for the affectees who have been disposed or dislocated due to the anti-encroachment drive)[ AND C.M.A. NO.809-K OF 2020 IN C.M.A. NO.460-K OF 2019 IN CONST. P. NO.9 OF 2010, [Yousuf Masih v. Federation of Pakistan and others. (regarding grievances of people of Salman Brohi Goth as they apprehend to be disposed/vacated from the land in question)] AND ALLEGATIONS LEVELLED AGAISNT GOVERNMENT OFFICIALS, C.M.A. 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 SBCA and highlighted the illegal construction and certain areas of Karachi)] AND C.M.A. NO.336-K OF 2020 IN CONST. P. NO.9 OF 2010, [Mr. Imrari. Ayub Khan Advocate v. Federation of Pakistan and others (issue regarding title documents the people living at Allah Bux Goth registered as Kachiabadi)] AND CRL. ORG. P. NO.1-K OF 2020 IN CONST. P. NO.9 OF 2010, [Syed Mehmood Akhtar Naqvi v. Qazi Shahid Pervaiz, Sr. Member Board of Revenue, Government of Sindh and others)] AND C.M.A. NO.510-K of 2021, [Muhammad Ashraf Samoo v. Province of Sindh and others (applicant has pointed out various issues i.e, corruption, violation of fundamental rights etc.)] AND MISCELLANEOUS, C.M.A. NO.300-K OF 2020 IN CONST. P. NO.9 OF 2010, [Niamatullah Khan Advocate v. Federation of Pakistan and others (statement of the amicus curiae from "Salahuddin Ahmed, Advocate Supreme Court)] AND C.M.A. 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 25th October, 2021.
- Murad Ali Shah, C.M. Sindh, Salman Talib -ud Din, Advocate General, Sindh, Sahulat Rizvi, Additional A.G. Sindh, Sibtain Mehmood, Additional A.G. Sindh, Muhammad Iqbal Memon, Commissioner Karachi, Shariq Ahmed, Secretary Transport, Dr. Saeed Ahmed Qureshi, Focal Person to Chief Secretary, Yaar Muhammad Legal Consultant Transport, Ghulam Nabi Kerijo, SP Traffic South and Mazhar Hussain Alvi, AIG Police for the Government of Sindh.
- Syed Jameel Ahmed, Advocate Supreme Court for SBCA.
- Umar Lakhani, Advocate Supreme Court, Murtaza Wahab, Administrator Azra Muqeem, Legal Advisor Afzal Zaidi, M/C for KMC.
- Adil Rafi, Director, Military Land and Cantonment, M. Saleem Hassan, CEO, Clifton Cantonment, M. Faroque, Military Estate Officer, Karachi, Omer Masoom Wa.zir, CEO, Korangi Cantonment, Barrister M. Omer Riaz, Advocate Supreme Court on behalf of Cantonment Board, Rana Khawar Iftikhar, CEO, Faisal Haider Ali Sial, CEO, Malir and Qazi Rizwan Ahmed, CEO, Karachi, Cantonment for Cantonments.
- k) Suit No.415/ 2021 (Muhammad Altaf Advocate v. Province of Sindh and others)
Headnotes / Summary
O. XVII
Constitution of Pakistan, Art. 188
Review petition before the Supreme Court
Adjournment sought by counsel for personal reasons
Whether a ground for seeking adjournments
Held, that matters fixed before the Court were to be attended and personal reasons were not to be assigned for seeking adjournments
Even otherwise a lawyer's duty was to attend court work first and then he may attend to his personal work
No reason except for bare personal matter had been stated in the adjournment application, which was no ground for seeking adjournment of a case fixed before the Court
Consequently review petition was dismissed for non- prosecution.
Art. 184(3)
Matter regarding encroachment over Gujjar Nallah, Orangi Nallah and Mehmoodabad Nallah (rain water drainage streams)
Stay orders/interim injunctions against demolition of such encroachments issued by the High Court on the ground that the occupants had obtained leases over the land
Held, that the Supreme Court in its previous orders had already given directions for all encroachments in and around all the Nallahs of the city (Karachi) to be removed, and the purported leases were found to be not in accordance with law, in that, nothing was shown as to how the plots of land came to be leased out by the purported authorities
In any case the lands of all the Nallahs in the city including Gujjar Nallah, Orangi Nallah and Mehmoodabad Nallah were meant for the purpose of Nallahs only and not for construction of houses, commercial buildings or for industrial use
Encroachments and all sort of constructions made on the Nallahs had to be removed so that the flow of Nallahs could be made possible without any hindrance and the city could be saved from being submerged or flooded during storms and heavy rains
Supreme Court issued notices to all the petitioners and plaintiffs of the petitions and suits who had obtained stay orders/interim injunctions from the High Court, and directed that in the meantime all interim orders passed by the High Court in respect of construction on the lands of Gujjar Nallah, Orangi Nallah and Mehmoodabad Nallah stood suspended. Khalid Javed Khan, Attorney General for Pakistan and Kashif Sarwar Paracha, Additional AGP for the Federation on Court's Notice. Murad Ali Shah, C.M. Sindh, Salman Talib -ud Din, Advocate General, Sindh, Sahulat Rizvi, Additional A.G. Sindh, Sibtain Mehmood, Additional A.G. Sindh, Muhammad Iqbal Memon, Commissioner Karachi, Shariq Ahmed, Secretary Transport, Dr. Saeed Ahmed Qureshi, Focal Person to Chief Secretary, Yaar Muhammad Legal Consultant Transport, Ghulam Nabi Kerijo, SP Traffic South and Mazhar Hussain Alvi, AIG Police for the Government of Sindh. Asif Ali Memon, DG KDA for KDA. Abdul Basit Khan Tanoli, Legal Advisor for F.W.O. Habib ur Rehman Gillani, Secretary Railways, Nisar Ahmed Memon, Sr. GM, Ameer Muhammad Daudpota, D.G., M. Hanif Gill, DS and Rao Moinuddin ADLA for Pakistan Railways. Syed Jameel Ahmed, Advocate Supreme Court for SBCA. Assad Ullah Khan, M.D. for KWSB. Shumail Riaz, SSP for Jacobbabad Administration. Aamir Mughal, CE/PD, K-IV for WAPDA. Karam Din Junejo and Nazir for High Court of Sindh. Umar Lakhani, Advocate Supreme Court, Murtaza Wahab, Administrator Azra Muqeem, Legal Advisor Afzal Zaidi, M/C for KMC. Adil Rafi, Director, Military Land and Cantonment, M. Saleem Hassan, CEO, Clifton Cantonment, M. Faroque, Military Estate Officer, Karachi, Omer Masoom Wa.zir, CEO, Korangi Cantonment, Barrister M. Omer Riaz, Advocate Supreme Court on behalf of Cantonment Board, Rana Khawar Iftikhar, CEO, Faisal Haider Ali Sial, CEO, Malir and Qazi Rizwan Ahmed, CEO, Karachi, Cantonment for Cantonments. Nadir Shafi Dar, Dy. DG CAA for CAA.
Judgment & Decree
GULZAR AHMED, C.J.
C.M.A. NO.541-K OF 2020 AND C.M.A.No.1062-K of 2021 Mr. Munir A. Malik, learned Sr. ASC for the applicant appeared and requested for adjournment on the ground that he is not feeling well today.
2. Adjourned to a date to be fixed in the next session. C.R.P. No. 61-K of 2021.
3. There is an application for adjournment filed by Mr. Muhammad Faisal Siddiqui, ASC, representing the petitioner ground that he is not available in Karachi due to personal matter.
4. We note that the matters fixed before the Court are to be attended and personal reasons are not to be assigned for seeking adjournment. Even otherwise, as a Lawyer his duty is to attend court work first and then he may attend to his personal work. No reason except for bare personal matter has been stated in the application, is no ground for seeking adjournment of a case fixed before the Court. The AOR for the petitioner, who has signed the application, is also not in attendance. Consequently, C.R.P. No.61-K of 2021 is dismissed. for prosecution. Gujjar Nala and Orangi Nala
5. It is informed that in respect of the encroachment and illegal occupations of lands of Gujjar Nala, Orangi Nala and Mehmoodabad Nala the purported occupants have filed in the High Court of Sindh the following matters: - a) C.P. No.D-2707/2021 (Shehri Citizens for a better Environment and others v. National Disaster Management Authority (NMDA) and others) b) C.P. No.D-2689/2021 (Abdul Hassan v. Province of Sindh and others) c) C.P.No.D-2864/ 2021 {Sued Sharif Uddin Ahmed v. Province of Sindh and others) d) C.P.No.D-3251/ 2021 (Sardar Masih (Deceased through LRs v. Province of Sindh and others) e) C.P.No.D-3252/2021 (Karainat v. Province of Sindh and others) f) Suit No.1255/ 2021 (Messrs Tinopak Industries (Pvl.) Ltd. v. Province of Sindh and others) g) Suit No.1071/2021 (Muhammad Amin v. Province of Sindh and others) h) Suit No.1246/ 2021 (Messrs Sohni Waving Factor and another v. Province of Sindh and others) i) Suit No.468/2021 (Fajan Khan v. Province of Sindh and others) j) Suit No.312/2021 (Mrs. Almas Rizwan and others v. Province of Sindh and others) k) Suit No.415/ 2021 (Muhammad Altaf Advocate v. Province of Sindh and others) l) Suit No.728/2021 (Abdul Latif v. Province of Sindh and others) m) Suit No.710/ 2021 (Mujeeb Ahmed. v. Province of Sindh and others) n) Suit.No. 697/ 2021 (Asif Ali v. Province of Sindh and others) o) Suit No.836/2021 (Nisar Ahmed and others v. Province of Sindh and others) p) Suit No.727/2021 {Mst. Saeedan Bibi v. Province of Sindh] q) Suit No.595/2021 (Khursheed Ahmed and another v. Province of Sindh) r) Suit No.691/2021 {Mount Fuji Textile Ltd. v. Provinc of Sindh) s) Suit No.792/2021 (Messrs Friendship Dairy Limited v. Province of Sindh and cthersi t) Suit No. 995/2021 (Tariq Ilyas and others v. Province of Sindh and others) u) Suit No.903/2021 {Muhammad Farhan and others v. Province of Sindh and others) v) Suit No.961/ 2021 (Pervez and others v. Province of Sindh and others) w) Suit No.1092/ 2021 (Gul Khintab and others v. Federation of Pakistan) x) Suit No. 1256/2021 (Messrs Suleman Tee & Co. v. Province of Sindh and others).
6. It is informed that in all the above matters the High Court has passed interim orders, wherein it has stopped the demolition of structures constructed on the lands of Gujjar Nala, Orangi Nala and Mehmoodabad Nala, claiming that the plots of land have been purportedly leased out to the petitioners/plaintiffs in the above proceedings. This Court has already taken up the issue regarding encroachments and structures built on the lands of Gujjar Nala, Orangi Nala and Mehmoodabad Nala and in this respect had passed order dated 14.06.2021, wherein all encroachments in and around all the Nalas of Karachi were directed to be removed. Such Nalas included Gujjar Nala, Orangi Nala and Mehmoodabad Nala. The question of purported leases being obtained or given to the occupants of the plots of land in Gujjar Nala, Orangi Nala and Mehmoodabad Nala has already been adverted to by this Court in its order dated 14.06.2021, where such purported leases were found to be not in accordance with law, in that, nothing was shown as to how the plots of land came to be leased out by the purported authorities.
7. In any case, the lands of all the Nalas in Karachi including Gujjar Nala, Orangi Nala and Mehmoodabad Nala are meant for the purpose of Nalas only and not for construction of houses, commercial buildings or for use as industrial purposes. The encroachments and all sort of constructions made on the Nalas has to be received so that the flow of Nalas be made possible without any hindrance and to save the city from being submerged, drown or flooded during storm and heavy rains. The water does not enter the Nalas because of the constructions all around the Nalas and the torrent water also does not pass through the Nalas for that the very width of Nalas has become altogether so narrow that it will not cope with the routine flow of the water of Nalas.
8. In the circumstances, let notice be issued to all the petitioners and plaintiffs of the petitions and suits noted above, and in the meantime, all interim orders passed by the High Court n respect of construction on the lands of Gujjar Nala, Orangi Nala and Muhmoodabad Nala stand suspended.
9. Adjourned to a date to be fixed in the next session. C.M.A. No. 819-K of 2021.
10. None present. There is no intimation. Consequently, the C.M.A. No. 819-K of 2021 is dismissed for non-prosecution. C.M.A. No. 850-K of 2021.
11. None present. There is no intimation. Consequently, the C.M.A. No. 850-K of 2021 is dismissed for non-prosecution. C.M.A. No.774-K of 2021.
12. Director General, Civil Aviation Authority is directed to be present in Court tomorrow i.e. 26.10.2021. Senior Member. Board of Revenue is also directed to be present in Court with full report regarding the lands of Civil Aviation Authority with their present status. C.M.A. No.522-K of 2020.
13. It is stated that Plot Nos. SNBA-21-B and SNBA-23, KCB Union Ltd. Tipu Sultan Road, Karachi, which are meant for pal purposes have been illegally and unlawfully occupied and are being utilized for marriage hall purposes.
14. Let notice be issued to the KCHS so also the occupants of above noted two plots to explain as to why the marriage halls built on the above plots be not demolished and plots be used for the purpose of park for which they are meant. Notice be also issued to the Administrator, KMC. He shall ensure that if the land comprising of two plots is meant for park purposes, immediate action shall be taken for removal of all the constructions from the said plots by giving notices to the occupants of park. The Administrator, KMC shall submit before the Court all relevant reports and shall himself be present in Court on the next date of hearing.
15. Adjourned to a date to be fixed in the next session. KMC
16. We have heard the Administrator, KMC. The submissions made by him apparently is not satisfactory for we note that there is mushroom growth of encroachments on public properties, namely, open spaces, parks; play grounds, roads, footpaths and other amenity lands. The Administrator, KMC shall ensure that all these encroachments are emoved, parks, playgrounds and open spaces, roads and footpaths and other amenity lands are cleared from all sort of encroachments and they are restored for the purposes they are meant for. The encroachments are not difficult to find as if only M.A. Jinnah Road, Karachi is focused, thousands of ncroachments will be found. In a similar way, other roads and footpaths in the city of Karachi are encroached upon and illegally occupied. The parks and playgrounds shall be provided with all necessary facilities, green areas, trees and furniture etc. The land of the parks and playgrounds shall be secured by installation of iron grills around them. Drinking water facility toilet facility and other necessary facilities shall also be provided in the parks and playgrounds with electric fitting. The report shall be filed by the-Administrator, KMC himself before the next date of hearing.
17. Adjourned to a date in the next session. ST/Amenity Plots
18. The Director General, Karachi Development Authority (KDA) in the first place states that he was transferred from the KDA but on obtaining of a stay order from the High Court he is functioning as Director General, KDA. He has filed a statement of ST Plots (Amenity) in the land management areas of KDA. He states that KDA has in its custody old map and. master plan of the City of Karachi and requests for time to file all those old maps and. master plan. Let such be filed by the Director General, KDA within a period of one week. 19.. The report regarding ST Plots has been filed today in Court by the Director General, KDA and we did not have occasion to go through the same. We have, however, noted in Court that most of the plots meant for the purpose of parks have been occupied and encroached upon, on which houses has been constructed and some other commercial activities are going on. The Administrator KDA shall immediately take steps for restoring these lands. for the purposes they are meant and. immediately utilise them for the purpose as mentioned in the master plan. The Director General, KDA shall submit a further report regarding ST/Amenity Plots in the area of KDA. Waqar Memon, Senior Director, Master Plan Department, Karachi is also directed to be present in court along with all relevant record, more importantly, master plan and gazette notifications.
20. Adjourned to a date in the next session. NASLA TOWER - C.R.P.NO.55-K OF 2021
21. The Commissioner, Karachi, who is present in Court states that formal possession of the Nasla Tower has been taken over by him and it is being got vacated from the purported occupants and that by 27th of this month, the whole building will be got vacated, and all electric, water, gas and other connections will be got cancelled and disconnected, and the process of demolition will immediately start. The Commissioner, Karachi is directed to have the building demolished through controlled modern device of detonation, ensuring no loss or damage to any property or person around Nasla Tower. The technology of such demolition of building is available and in practice throughout the world and even in the neighbouring countries, like India, such manner of demolition is being used. The Commissioner, Karachi shall ensure that the demolition work of Nasla Tower is completed within one week's time after 27th of this month, and the whole land is levelled and its nalla removed. The cost of demolition of Nasla Tower shall be paid by its owner and if the owner does not pay such costs to the Commissioner, Karachi, the Commissioner, Karachi can recover the same from the land owned by the said owner by having it attached and sold. A report in this regard shall be submitted before the Court by the Commissioner, Karachi who shall also be present in Court on next date of hearing.
22. The Commissioner, Karachi shall also appear before the Court tomorrow and give report regarding other assignments given to him by this Court. C.M.A. NO.898-K OF 2020, C.M.As. NO.445-446-K OF 2021 AND Tejori Heights/Tower on Railway's Land AND CRP NO.15-K OF 2021 IN C.M.A. NO.906-K OF 2020 IN CONST.P.NO.9 K OF 2010 AND C.M.A. No.277-K of 2021 in CRP No.Nil of 2021 IN C.M.A. No. 898-K of 2020 AND C.M.A. No.278-K of 2021
23. These matters are adjourned for tomorrow i.e 26.10.2021. C.M.A. No.773-K/2021 in C.M.A. No.826-K of 2020
24. Notice be issued to the Karachi Cooperative Housing Society Union, the builders, the Secretary, Ministry of Housing and Works, Islamabad, the Director General, Sindh Building Control Authority and the purported owners of Plot Nos.SNPAs,-70 and 72 measuring 3931 square yards, stated to be a public amenity park as per the Karachi Development Authority Master Plan which are being leased out to some builders through a power of attorney on consideration of Rs.5,000,000/- in the year 2012.
25. Adjourned to a date in the next session.
26. The Director General, Karachi Development Authority will ensure that park/playground in Sector-5 of New Karachi, which is being dumped with garbage and sewage water and is also occupied by some unhealthy elements will be got clear.ed and all unhealthy elements removed and turned into a. park and playground for use and enjoyment of the people of the locality. The D.G., KDA will ensure that the whole land of the park will be secured by erecting iron grills on its boundary with gated entry and proper facilities of sitting and recreation will be provided in the park and the playground immediately after cleaning the land and removal of all sort of unhealthy elements. Green areas will be grown, including, planting of trees or sheds and proper park furniture will be provided. Most of the area of the park shall be kept green rather than making it into hard surface area. The D.G., KDA will ensure that all these steps be taken by him as early as possible but preferably within one Month's time. He shall ensure that the land is given a sight of a park/playground and a report in this respect be submitted by him along with photographs.
27. Notices be issued to all the Administrators of District Municipal Corporations / District Municipal Commissioners of Karachi with direction to be present in Court on the next date of hearing. They shall also file reports concerning removal of encroachments from all roads, footpaths, streets, lanes and gallies and also remove all encroachments from parks and playgrounds within their respective areas. All roads, footpaths, streets, lanes and gallies on which any encroachment is found, those shall be removed immediately and the roads, footpaths, streets and gallies shall be cleared up and restored. They shall also ensure that proper lights on the roads, footpaths, streets, lanes and gallies are provided. If there is any garbage or refuse or any unhealthy elements in the parks and playgrounds, those shall immediately be removed and greenery work shall be started by laying green grass, plants and trees in the parks and playgrounds. Proper furniture shall also be provided. Facilities of electric lights, drinking water, Toilets for men and women and other recreation areas shall also be arranged. All dilapidated and unconstructed roads, streets, lanes and gallies shall immediately be constructed and if any repair is required, such repair shall also be immediately made and they are made useable to the public. All these things will be done by the Administrators/Municipal Commissioners and theywill get up their respective report before the .court on the next date of hearing.
28. Notice be also issued to all the Administrators of Municipal/Town Committees of District Hyderabad, particularly Latifabad and Qasimabad, District Jamshoro, District Badin, District Jacobabad, District Thatta, District Dadu, District Larkana, District Sukkur, District Ghotki, District Matiari, District Sanghar, District Kashmore; District Khairpur, District ShikEzpur, District Thando Allhayar, District Tharparkar, District St]i awal, District Umerkot, District Naushahro Feroz, District Benazirabad (Nawab shah), District Kamber-Shahdadkot, District Tando Muhammad Khan, District Mirpurkhas, through the Secretary, Local Government, Sindh with direction to be present in Court on the next date of hearing. They shall also file comprehensive reports regarding the above aspects dealt with in para 27 above. MWA/N-13/SC Order accordingl