2008 PLP 637 (CLC)

In these proceedings the petitioner has impugned the encroachment on the northern side of his plot in Block 22, Federal `B' Industrial Area, Karachi, inter alia, on the ground that the Katcha/Pacca shops have been raised and/or constructed by unauthorized occupants on the road, which originally was of 40 feet wide. According to the petitioner, the road as of today has been reduced from 40 feet to 20 feet. Due to the encroachment the original plan, which has been placed before us by Abdul Malik, District Officer (Enforcement), C.D.G.K., Karachi, clearly reflects that the road around the petitioner's plot was of 40 feet. The conduct of officers of defunct K.M.C. now C.D.G.K., in this respect, was most deplorable. It is the officers of the C.D.G.K. which allowed to encroach-upon the road initially and once the entire road was encroached, they declared it as Katchi Abadi and had also issued leases to some of the occupants/encroachers. What is most unfortunate is that till date no action against such officers of defunct K.M.C. now C.D.G.K. has been taken. The leases, issued under the garb of the sanctioned Katchi Abadi, are still intact and in spite of the fact that the C.D.G.K. has acquired knowledge on 28-4-2005, no action has either been taken by the C.D.G.K. against, the officers who were responsible in allowing the encroachment and then getting it sanctioned as Katchi Abadi and issued leases of the plots/shops. The EDO Law states that action will be taken against those officers, which we doubt. Presently, according to the petitioner and Mr. Muhammad Shafiq Qureshi, in all, there are 26 shops, out of which 8 shops have been given on leases. The question as to whether the CDG or Katchi Abadi department, in law, allow a road to be leased out and/or to be declared as Katchi Abadi, if it has been encroached upon, has been decided by a Division Bench of this Court in its order dated 3-11-2006 passed in the case of Tauqeer Ali Khan v. Executive District Officer and others, where a Division Bench of this Court had held that no public authority can lease out utility area including roads, sewerage or rain water drain or public street. It has further given the guidelines to the public authority. In the face of this judgment the roads, if encroached upon by the unauthorized occupants, cannot be declared as Katchi Abadi by abusing the authority under the Katchi Abadi Act, 1987 as section 19(4) clearly restricts such powers of the public authority under the Katchi Abadi Act. Let the officers of the C.D.G.K., be exposed to departmental proceedings first by the District Coordinating Officer as no officers, who had allowed encroachment, declared it Katchi Abadi and issued leases go scot-free for creating problems of the nature and according to the learned Additional A.-G. Sindh, the removal of such encroachment, would create law and order situation. The officers, who were responsible for allowing the encroachment and declaring the road as Katchi Abadi and subsequently allowing to lease them out shall be subjected to departmental proceedings within one week from today and let the D.C.O., under his own signature, submit a detailed report pin-pointing those officers against whom departmental proceedings have been initiated in terms of the above direction. Simultaneously, the C.D.G.K. shall accommodate the encroachers, who are there for years together, by providing the alternate land and/or by compensating them not at the cost of the C.D.G.K. but at the cost of those officers, who are responsible. The D.C.O. shall fix the responsibility on all such officers of the defunct K.M.C. now C.D.G.K. within the stipulated time and submit a proper report in this regard. The encroachers and/or lessees shall be compensated from the salaries and pension of the responsible officers of defunct K.M.C. now C. D. G. K. Adjourned to 30-5-2007, on which date if the propose report is not received from the D.C.O., he shall appear in person on the next date. Office is directed to facsimile a copy of this order to the D.C.O., C.D.G., Karachi, for compliance. H.B.T./S-8/K Order accordingly.