1983 PLP 3187 (CLC)

S. Ansar Hussain for Petitioner. S,M. Muslim Noqvi on Pre‑admission Notice: Muhammad Ibrahim Memon, Addl. A.‑G. on Court's Notice. Date of hearing : 31st January, 1993. ABDUL HAYEE KURESHI, ACTG. C. J.‑The petitioner claims .to be a registered society, which looks after the welfare of persons living in some Katchi Abadies. Four localities known as "Yaqoob abad", "Muslim Town", "Mansoor Nagar" and "Sadiqabad" are styled by the petitioner as Katcbi Abadis for the reason that 7,000 persons are living in that area, 3,000 houses have been constructed, and some amenities, like schools, hospitals and mosques have also been built. It is the case of the petitioners that they have approached respondent No. 1 for regularisation of the said area as Katchi Abadi, but without. success. In fact, no decision has been taken. Mala fides have been alleged against a person, who is a member of the Karachi Metropolitan Corporation, but such person too has not been named. The grievance of the petitioner is that the habitation is likely to be demolished. On such facts and grounds, the petitioner claims the following reliefs‑ "(a) declare that aforesaid four Katchi. Abadis 'are Katchi Abadis within the letter and spirit of M.L.O. 110 notwithstanding, no decision regarding the status of these Katchi Abadis .have been given by Director of Katchi Abadis ; (b) be further pleased to restrain the Respondents or their servants or agents from demolishing the houses of the petitioner." Admittedly, the residents in the localities are not the 'owners of the land in question. Mr. S.M. Muslim Naqvi has stated at the Bar that this land belongs to Karachi Metropolitan Corporation. The only question, that then arises is; whether the persons, who are residing in these localities have any vested right to occupy that land. It seems to be the case in the petition that the land has acquired all such characteristics as would qualify it to be a Katchi Abadi within the meaning and purport A M.L.O. 110. On such point, there is no evidence, but mere habitation or a locality would not be sufficient to call such locality a Katchi Abadi, because the concept of Katchi Abadi emerges only from M.L.O. 110. Paragraph 2 of the said Martial Law Order states that the Government has to declare that any‑part of any urban area . owned‑‑by the Provincial Government, or, Local Authority should come to be known as "Katchi Abadi". Not merely that, but the Katchi. Abadi has to be notified in the official Gazette. The mere fact of occupation does not make a particular area a Katchi Abadi without the Government declaring it as such and publishing it in the official Gazette. It is not the argument of Mr. S. Ansar Hussain that this area has ever been declared as 4 Katchl Abadi, and, therefore, there is no question of the same being published in the official Gazette. The next grievance of Mr. S. Ansar Hussain is that respondent No. 1 has not decided a representation made by the residents of the locality for declaration of the area as a Katchi Abadi. Such averment. by itself, would show that this petition is premature. If an application has been made by the respondents for declaring the area as Katchi Abadi, they would have no cause of action, unless such application was decided against them. There is a further reason, which has persuaded us not to admit this petition. The petition has been filed by Anjuman‑e‑Falah which, accord ing to the petitioner's Advocate, is a registered society. Admittedly, this society does not occupy any land, and it would hardly have any interest in the individual portions, or, plots of land occupied by the inhabitants. Nothing has been placed before us to show that the petitioner/ Anjuman, as such has been asked to vacate the premises in its occupation, or, is threatened with demolition. It would appear that the petitioner has no cause of grievance. For the above reasons, we dismiss this petition in limine. S. Q. Petition dismissed.