SCMR 2022

2022 PLP 171 (SCMR)

NIAMATULLAH KHAN ADVOCATE and others — Petitioners/Appellants Versus FEDERATION OF PAKISTAN and others — Respondents

Jurisdiction / Court
Supreme Court of Pakistan
Decided Date
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 CRIMINAL ORIGINAL PETITION NO. 9-K OF 2021, [Syeda Maria Raza v. Government of Sindh through Chief Secretary Sindh and others (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 (matter regarding illegal Faiz Muhammad v. Province of Sindh through Chief Secretary and others (regarding illegal encroachment over, drainage river of Haji Limo Village at Gulshan-e-Iqbaf.)] AND C.M.A. No.1083-K OF 2021, [Niamatullah Khan Advocate v. Federation of Pakistan and others (For seeking direction for removal of encroachment on Gujjar Nalla and Orangi Nala)] AND C.M.A. No.1112-K OF 2021 IN C.R.P. NO.61-K OF 2021. [Shehri and others v. Niamatuliah Khan and others (Matter regarding encroachment over Gujjar Nalla and Orngi Nalla)] AND C.M.A. No.774-K OF 2021, [Civil Aviation Authority v. Federation of Pakistan and others (Applicant has alleged that Government of Sindh has allotted 209 acres land in 1990 to CAA for construction of new Airport but some officials of GOS are illegally allotting and creating Surveys Nos. from said land)] AND 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 (Plot 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 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 C.M.A. No.1062-K OF 2021, [Dr. Sadia Rasool Virk v. Federation of Pakistan and others (Reply to Show Cuase Notice on behalf of South City Hospital)] AND C.M.A. No.1064-K OF 2021, [Messrs SouthCityHospital (Pvt.) Limited v. Federation of Pakistan and others (Reply to Show Cause Notice on behalf of South City Hospital)] AND C.M.A. NO.941-K OF 2020, [Niamatullah Khan Advocate v. ederation 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.NO.1114-K OF 2021, [Ms. Maliha Malik v. Federation of Pakistan (statement of Mr. Aijaz Hussain Jakhrani and Sajjad Hussain Jakhrani)] 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 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 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 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 IN CONST.P. NO.9 OF 2010, [Messrs Ishaq Enterprises v. Federation of Pakistan and others (objecti filed on C.M.A. No.86-K of 2020)] AND CRP NO.57-K OF 2021, [Asian Pacific Alliance of YMCAs v. Federation of Pakistan and othe (matter pertains to YMCA Ground)] AND CRL.ORG.P.NO.8-K OF 2021, [Abu Turab v. Syed Mumtaz Ali 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 consttuctions 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 other:;. 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, (Ibrar Hassan v. Federation of Pakistan and others (matter pertains to Kidney Hill Park)] AND CRL.ORG.P.NO.13-K OF 2021, [Mrs: Gul Nilofer and another v. Major (R) Naveed Ahmed Khan and others] AND CRL.ORG.P.NO.14-K OF 2021, [Mrs. Shabnum Humayun v. Federation of Pakistan and others (matter regarding Hill Park)] AND CRL.MA 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 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 D.G. FWO)] AND C.M.A. NO.167-K OF 2020, [Application for intervener IV ed by Syed Muhammad Iqbai. 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 `s. Federation of Pakistan and others (regarding encroachment over railway land/Safari Pazk)] AND C.M.A. NO.177-K OF 2020, ---rnpplication for intervener filed by Farhad Younus Memon. (The matter regarding 650 cciistructed 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.1124-K OF 2021 IN C.R.P. NIL-K OF 2021 IN C.M.A. NO.277-K OF 2021 IN C.R.P. NIL-K OF 2021 IN C.M.A. NO.898-K OF 2021, [Federation of Pakistan through Secretary/ Chairman Railways v. Messrs Karachi Town Builders (regarding encroachment over PakistanRailwayLand and revival of KCR) (Tejori Heights/Tower)] AND 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 RailwayLand on account of Railway Cooperative Housing Society)] AND C.M.A. NO.1110-K OF 2021, [Application on behalf of Divisional Superintendent through Deputy Director Railways against Messrs Labaik CNG Station Hyderabad and others (matter regarding encroachment over Railway's land at Hyderabad)] AND C.M. APPEAL NO.37 OF 2021 IN CRP NO.7-K OF 2020 IN C.M.A. NO.690-K OF 201,9 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 C.M.A. NO.1004-K OF 2021, [Muhammad Zohaib Ather v. Federation of Pakistan and others (Matter regarding Royal Pak Project)] AND C.M.A. 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, [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 IN CONST. P. NO.9 OF 2010, [Application for intervener filed on behalf of Muhammad Talha and Mansoor Sharif Hamid v. (regarding high rise building on amenity plot)] AND 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 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 Pegency Hotel)] AND 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 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 C.M.A. NO.617-K OF 2019 IN CONST.P.NO.9 OF 2010 [Application for intervener filed bv Venu G. Advani (illegal conversion of plot from residential into commercial locals Block 4, Scheme-5, Clifton Karachi)] AND 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 CRP 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 C.M.A. NO.1037-K OF 2021, [Naveed Ahmed Khan v. Federation of Pakistan and others (illegal usage of land of Askari Park for Commercial Activities and Marriage Hall)] AND C.M.A. NO.1095-K OF 2021, [Muhammad Imran v. Federation of Pakistan and others (matter regarding Food Street at Burns Road)] AND C.M.A. 140.1123-K OF 2021, [Kelash Kumar v. Federation of Pakistan and others (matter regarding encroachment over Hindu Temples/Mandirs)] AND C.M.A. NO.940-K OF 2020, [Muhammad Yousaf v. Federation f Pakistan and others (regarding ntSugarcane Crushing MachiJ.,e situated at Hasrat Mohani Road, near Cafe Victory, Karachi)] AND 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.MA 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 86R-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 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--Quaideen, 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 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 it 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 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 Governmnet 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.MA 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-Kalayna v. (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.MA 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 201g TN CRL.ORC.P.NO.7-K OF 2017, [Application for withdrawal filed by in person, namely, Anjuman-e-Sadat-e-Amroha through its President] AND CRL.MA NO.8-K OF 2018 IN CRL.ORG.P.NO.7-K OF 2017, [Application for intervener filed on behalf of Anjuman Sadat-e- Amroha v. (for restraining from demolishing further construction stanton the applicant plot which was allotted by KDA to Anjuman on AND CRL.MA 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-nn-Recordon 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. MA 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.MA 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 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 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 Orangi 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 v. (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 property 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, [Application for intervener filed on behalf of AVA Aildeshir Cowasjee (regarding allotment of Plot No.9B, GKI, Ghulam Hussain Kasim Quarters Karachi, which was designated for the purpose of ejector sump pump by KW8&SB)] AND C.M.A. NO.281-K OF 2020, [Application for intervener filed on behalf of the Karachi Goan Association (Applicant has alleged that Plot No.J.M.1 /79, Jamshect Quarters, was allotted for Establishment of Gymkhana, but KIDCL has issued a letter for possession of said property for establishment of camp office for Green Line BRTS)] AND CRL.MA NO.32-K OF 2018, [Application for intervener filed by Mr. Ghulam Qadir Jatoi, Advocate-on-Record (Applicant has paid all dues on account of a plot in new Malir Housing Scheme No.1, instead of issuing allotment order a notice recived to him for payment of Rs.40000, on objection he was intimated that said amount is required for grid station)] AND CRL. MA NO.1-K OF 2019, [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 seciety i.e. Mollana Muhammad Ali Johar Memorial Cooperative Housing Society)] AND CRL. M.A. No.34-K/2020, [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 for ,Dental Collage/Medical and Dispensary p-w-pose on plot No.AM/ 1 /B at Bhittai Colony "Amenity Plot"] AND C.M.A. No.761-K OF 2020, [Abdul Haq Abbasi v. Federation of Pakistan, etc. (matter regarding encroached over state property (i.e. Street/Road) situated at Sindh GOR-II, Muslim Society Karachi)] AND C.M.A. No.808-K of 2020 IN C.M.A. No.459-K of 2020, [Muhammad Ameer Shah v. Federation of Pakistaki and others (Applicant alleged that illegal occupants have encroached over 2000 million road at North Karachi which cause inconvenience to the peoples of said areas)] 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 (Applicant has alleged that some persons along with Society Member have encroached upon park and Club Land "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 from parking area and service road)] 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.1014-K OF 2021, [Muhammad Kabeer Malik and others v. Province of Sindh and others (matter pertains to encroachment upon the gardens/parks, amenity plots, playground and Footpath in the city of Nawabshah/Sheheed Benazirabad)] AND VIA NO.966-K OF 2021 IN CRP NO.NIL-K OF 2021 IN CONST.P.NO.9 K OF 2010, it [Azhar Ahsan Thanvi v. Federation of Pakistan as others (matter regarding encroachment over Plot No.ST-14)] AND C.M.A. NO.1006-K OF 2021, [Azhar Ahsan Thanvi v. Federation of Pakistan and others (mattn- regarding encroachment over Plot No.ST-14)] AND C.M.A. NO.1040-K OF 2021, (Application for withdrawal of earlier) AND C.M.A. No.1006-K OF 2021, [Azhar Ahsan Thanvi v. Federation of Pakistan and others (matter regarding encroachment over Plot No.ST-14)] AND C.M.A. NO.971-K OF 2021 IN CRP 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 C.M.A. NO.1097-K OF 2021, [Ideal (Private) Limited v. Federation of Pakistan (matter regarding encroachment over Amenity Plots and ST-13 on account of Sanad with respect of some Haji Ibrahim Panhwar Goth) (Korangi Industrial Area)] AND CRL.MA 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.MA 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.MA NO.214-K OF 2018 IN CRL.ORG.P.NO.7-K OF 2017, Application for intervener filed oy 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.Sabtha 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 No.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 Bungalows 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 Asghar (regarding encroachment of Plots No.B-100 86B-113, Block-JO, Gulistan-e-Johar, Karachi)] AND C.M.A. NO.762-K OF 2020, [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 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 8; others. v. Mr. Habib ur Rehmari. 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.AP.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 C.M.A. NO.82-K OF 2020, [Application for intervener filed by Syed Mehmood Akhtar Naqvi (regarding corruption allegations against mentioned officials of SBCA and highlighted the illegal construction. and encroachment certain areas of Karachi)] AND C.M.A. NO.336-K OF 2020 IN CONST.P.NO.9 OF 2010, [Mr. Imran Ayub Khan Advocate v. Federation of Pakistan 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 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)] AND REPORT NO.76-K OF 2021, [Report filed by on behalf of Chief Minister, Sindh through Advocate-on-Record, Shehri. and others v. Naimatullah Khan and others], decided on 26th November, 2021.
Honorable Judges
Gulzar Ahmed, C.J., Ijaz ul Ahsan and Qazi Muhammad Amin Ahmed, JJ
Case Reference Summary (AEO Optimized)
Citation 2022 PLP 171 (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) Allotment, (a) Constitution of Pakistan
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 2022 PLP 171 (SCMR)?

This judgment primarily cites: (b) Allotment, (a) Constitution of Pakistan as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 2022 PLP 171 (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 171 (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

(b) Allotment (a) Constitution of Pakistan

Representation

  • ----Art. 184(3)---Matters relating to clearing encroachments upon land belonging to Civil Aviation Authority; plots belonging to Karachi Cooperative Housing Societies Union meant for amenity purposes i.e. for use of school and public park illegally allotted/leased out by the Union to private persons by tampering of original layout plan; construction of a multi-storey building "Al-Bari Towers on land meant for parks/playgrounds; progress of demolition work of "Nasla Tower" built illegally on encroached land; removal of debris from demolition of illegally built multi-storey building "Tejori Heights"; illegal commercial use of Cantonments' lands and restoration of such lands for strategic and defence purposes only---Supreme Court issued relevant directions to the concerned authorities and officials to file their progress reports with regard to the matters highlighted and also directed some of the officials to appear before the Court on the next date of hearing to address the matters.
  • 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 CRIMINAL ORIGINAL PETITION NO. 9-K OF 2021, [Syeda Maria Raza v. Government of Sindh through Chief Secretary Sindh and others (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 (matter regarding illegal Faiz Muhammad v. Province of Sindh through Chief Secretary and others (regarding illegal encroachment over, drainage river of Haji Limo Village at Gulshan-e-Iqbaf.)] AND C.M.A. No.1083-K OF 2021, [Niamatullah Khan Advocate v. Federation of Pakistan and others (For seeking direction for removal of encroachment on Gujjar Nalla and Orangi Nala)] AND C.M.A. No.1112-K OF 2021 IN C.R.P. NO.61-K OF 2021. [Shehri and others v. Niamatuliah Khan and others (Matter regarding encroachment over Gujjar Nalla and Orngi Nalla)] AND C.M.A. No.774-K OF 2021, [Civil Aviation Authority v. Federation of Pakistan and others (Applicant has alleged that Government of Sindh has allotted 209 acres land in 1990 to CAA for construction of new Airport but some officials of GOS are illegally allotting and creating Surveys Nos. from said land)] AND 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 (Plot 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 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 C.M.A. No.1062-K OF 2021, [Dr. Sadia Rasool Virk v. Federation of Pakistan and others (Reply to Show Cuase Notice on behalf of South City Hospital)] AND C.M.A. No.1064-K OF 2021, [Messrs SouthCityHospital (Pvt.) Limited v. Federation of Pakistan and others (Reply to Show Cause Notice on behalf of South City Hospital)] AND C.M.A. NO.941-K OF 2020, [Niamatullah Khan Advocate v. ederation 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.NO.1114-K OF 2021, [Ms. Maliha Malik v. Federation of Pakistan (statement of Mr. Aijaz Hussain Jakhrani and Sajjad Hussain Jakhrani)] 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 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 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 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 IN CONST.P. NO.9 OF 2010, [Messrs Ishaq Enterprises v. Federation of Pakistan and others (objecti filed on C.M.A. No.86-K of 2020)] AND CRP NO.57-K OF 2021, [Asian Pacific Alliance of YMCAs v. Federation of Pakistan and othe (matter pertains to YMCA Ground)] AND CRL.ORG.P.NO.8-K OF 2021, [Abu Turab v. Syed Mumtaz Ali 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 consttuctions 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 other:;. 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, (Ibrar Hassan v. Federation of Pakistan and others (matter pertains to Kidney Hill Park)] AND CRL.ORG.P.NO.13-K OF 2021, [Mrs: Gul Nilofer and another v. Major (R) Naveed Ahmed Khan and others] AND CRL.ORG.P.NO.14-K OF 2021, [Mrs. Shabnum Humayun v. Federation of Pakistan and others (matter regarding Hill Park)] AND CRL.MA 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 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 D.G. FWO)] AND C.M.A. NO.167-K OF 2020, [Application for intervener IV ed by Syed Muhammad Iqbai. 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 `s. Federation of Pakistan and others (regarding encroachment over railway land/Safari Pazk)] AND C.M.A. NO.177-K OF 2020, ---rnpplication for intervener filed by Farhad Younus Memon. (The matter regarding 650 cciistructed 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.1124-K OF 2021 IN C.R.P. NIL-K OF 2021 IN C.M.A. NO.277-K OF 2021 IN C.R.P. NIL-K OF 2021 IN C.M.A. NO.898-K OF 2021, [Federation of Pakistan through Secretary/ Chairman Railways v. Messrs Karachi Town Builders (regarding encroachment over PakistanRailwayLand and revival of KCR) (Tejori Heights/Tower)] AND 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 RailwayLand on account of Railway Cooperative Housing Society)] AND C.M.A. NO.1110-K OF 2021, [Application on behalf of Divisional Superintendent through Deputy Director Railways against Messrs Labaik CNG Station Hyderabad and others (matter regarding encroachment over Railway's land at Hyderabad)] AND C.M. APPEAL NO.37 OF 2021 IN CRP NO.7-K OF 2020 IN C.M.A. NO.690-K OF 201,9 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 C.M.A. NO.1004-K OF 2021, [Muhammad Zohaib Ather v. Federation of Pakistan and others (Matter regarding Royal Pak Project)] AND C.M.A. 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, [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 IN CONST. P. NO.9 OF 2010, [Application for intervener filed on behalf of Muhammad Talha and Mansoor Sharif Hamid v. (regarding high rise building on amenity plot)] AND 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 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 Pegency Hotel)] AND 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 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 C.M.A. NO.617-K OF 2019 IN CONST.P.NO.9 OF 2010 [Application for intervener filed bv Venu G. Advani (illegal conversion of plot from residential into commercial locals Block 4, Scheme-5, Clifton Karachi)] AND 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 CRP 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 C.M.A. NO.1037-K OF 2021, [Naveed Ahmed Khan v. Federation of Pakistan and others (illegal usage of land of Askari Park for Commercial Activities and Marriage Hall)] AND C.M.A. NO.1095-K OF 2021, [Muhammad Imran v. Federation of Pakistan and others (matter regarding Food Street at Burns Road)] AND C.M.A. 140.1123-K OF 2021, [Kelash Kumar v. Federation of Pakistan and others (matter regarding encroachment over Hindu Temples/Mandirs)] AND C.M.A. NO.940-K OF 2020, [Muhammad Yousaf v. Federation f Pakistan and others (regarding ntSugarcane Crushing MachiJ.,e situated at Hasrat Mohani Road, near Cafe Victory, Karachi)] AND 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.MA 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 86R-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 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--Quaideen, 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 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 it 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 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 Governmnet 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.MA 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-Kalayna v. (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.MA 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 201g TN CRL.ORC.P.NO.7-K OF 2017, [Application for withdrawal filed by in person, namely, Anjuman-e-Sadat-e-Amroha through its President] AND CRL.MA NO.8-K OF 2018 IN CRL.ORG.P.NO.7-K OF 2017, [Application for intervener filed on behalf of Anjuman Sadat-e- Amroha v. (for restraining from demolishing further construction stanton the applicant plot which was allotted by KDA to Anjuman on AND CRL.MA 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-nn-Recordon 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. MA 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.MA 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 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 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 Orangi 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 v. (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 property 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, [Application for intervener filed on behalf of AVA Aildeshir Cowasjee (regarding allotment of Plot No.9B, GKI, Ghulam Hussain Kasim Quarters Karachi, which was designated for the purpose of ejector sump pump by KW8&SB)] AND C.M.A. NO.281-K OF 2020, [Application for intervener filed on behalf of the Karachi Goan Association (Applicant has alleged that Plot No.J.M.1 /79, Jamshect Quarters, was allotted for Establishment of Gymkhana, but KIDCL has issued a letter for possession of said property for establishment of camp office for Green Line BRTS)] AND CRL.MA NO.32-K OF 2018, [Application for intervener filed by Mr. Ghulam Qadir Jatoi, Advocate-on-Record (Applicant has paid all dues on account of a plot in new Malir Housing Scheme No.1, instead of issuing allotment order a notice recived to him for payment of Rs.40000, on objection he was intimated that said amount is required for grid station)] AND CRL. MA NO.1-K OF 2019, [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 seciety i.e. Mollana Muhammad Ali Johar Memorial Cooperative Housing Society)] AND CRL. M.A. No.34-K/2020, [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 for ,Dental Collage/Medical and Dispensary p-w-pose on plot No.AM/ 1 /B at Bhittai Colony "Amenity Plot"] AND C.M.A. No.761-K OF 2020, [Abdul Haq Abbasi v. Federation of Pakistan, etc. (matter regarding encroached over state property (i.e. Street/Road) situated at Sindh GOR-II, Muslim Society Karachi)] AND C.M.A. No.808-K of 2020 IN C.M.A. No.459-K of 2020, [Muhammad Ameer Shah v. Federation of Pakistaki and others (Applicant alleged that illegal occupants have encroached over 2000 million road at North Karachi which cause inconvenience to the peoples of said areas)] 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 (Applicant has alleged that some persons along with Society Member have encroached upon park and Club Land "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 from parking area and service road)] 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.1014-K OF 2021, [Muhammad Kabeer Malik and others v. Province of Sindh and others (matter pertains to encroachment upon the gardens/parks, amenity plots, playground and Footpath in the city of Nawabshah/Sheheed Benazirabad)] AND VIA NO.966-K OF 2021 IN CRP NO.NIL-K OF 2021 IN CONST.P.NO.9 K OF 2010, it [Azhar Ahsan Thanvi v. Federation of Pakistan as others (matter regarding encroachment over Plot No.ST-14)] AND C.M.A. NO.1006-K OF 2021, [Azhar Ahsan Thanvi v. Federation of Pakistan and others (mattn- regarding encroachment over Plot No.ST-14)] AND C.M.A. NO.1040-K OF 2021, (Application for withdrawal of earlier) AND C.M.A. No.1006-K OF 2021, [Azhar Ahsan Thanvi v. Federation of Pakistan and others (matter regarding encroachment over Plot No.ST-14)] AND C.M.A. NO.971-K OF 2021 IN CRP 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 C.M.A. NO.1097-K OF 2021, [Ideal (Private) Limited v. Federation of Pakistan (matter regarding encroachment over Amenity Plots and ST-13 on account of Sanad with respect of some Haji Ibrahim Panhwar Goth) (Korangi Industrial Area)] AND CRL.MA 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.MA 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.MA NO.214-K OF 2018 IN CRL.ORG.P.NO.7-K OF 2017, Application for intervener filed oy 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.Sabtha 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 No.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 Bungalows 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 Asghar (regarding encroachment of Plots No.B-100 86B-113, Block-JO, Gulistan-e-Johar, Karachi)] AND C.M.A. NO.762-K OF 2020, [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 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 8; others. v. Mr. Habib ur Rehmari. 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.AP.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 C.M.A. NO.82-K OF 2020, [Application for intervener filed by Syed Mehmood Akhtar Naqvi (regarding corruption allegations against mentioned officials of SBCA and highlighted the illegal construction. and encroachment certain areas of Karachi)] AND C.M.A. NO.336-K OF 2020 IN CONST.P.NO.9 OF 2010, [Mr. Imran Ayub Khan Advocate v. Federation of Pakistan 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 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)] AND REPORT NO.76-K OF 2021, [Report filed by on behalf of Chief Minister, Sindh through Advocate-on-Record, Shehri. and others v. Naimatullah Khan and others], decided on 26th November, 2021.
  • Muhammad Iqbal Menion, Commissioner Karachi, Imran Khan, APM JIAP, CAA, Shakeel Ahmed Durrani, Additional D.G.FIA Karachi South, Kh. Shamas ul Islam, Advocate Supreme Court, Khalid Mehmood Siddiqui, Advocate Supreme Court, Ms. Ambar Alibhai, Sheri Citizen, Waqar Alam, President Karachi Cooperative Housing Society, Junaid Makda, one of the lessees, Haji Abdul Raziq, Applicant in C.M.A. 16/21, Raja Qasit Nawaz Khan, Advocate Supreme Court for Messrs Bahaduryar Jang Cooperative Housing Society, Imran Zaib, Federal Secretary, Ministry of Housing and Works, Asif Ali Memon, DG KDA, Abdul Haleem Jagrani, Administrator DMC West, Rashid A. Rizvi, Senior Advocate Supreme Court, Mian Raza Rabbani, Advocate Supreme Court, General Hilal Hussain, Secretary Ministry of Defence and Akhtar Ali Shaikh, MC Commissioner South,
  • Anwar Mansoor Khan, Senior Advocate Supreme Court, Ms. Umaimah Anwar Khan; Advocate Supreme Court, Syed Ashikue Raza, Advocate Supreme Court with Ms. Abida Parveen Channar, Advocate-on-Record, Raja Qasit Nawaz, Advocate Supreme Court with Sajeel Shehryar Swab, Advocate Supreme Court, Syed Abdul Waheed, Advocate Supreme Court, Muhammad Ashraf Samoo, Advocate Supreme Court, Dr. Raana Khan, Advocate-on-Record (for KMC/SBCA), Mst. Sabiha Parveen in person, Syeda Maria Raja in person, Muhammad Sohail Hayat Khan, Advocate Supreme Court, Ms. Abida Parveen Channar, Advocate-on-Record, Ms. Maliha Malik in person, Muhammad Saleem Mangrio, Advocate Supreme Court, Salahuddin Ahmed, Advocate Supreme Court, Asim Iqbal, Advocate Supreme Court along with Akhtar Hussain, Advocate Supreme Court, Mukesh Kumar G. Karara, Advocate Supreme Court, Khalid Javed, Advocate Supreme Court, Aslam Abro, Arshad M. Tayyabali, Advocate Supreme Court, Zakir Hussain Khan Kheli, Advocate Supreme Court, Ghulam Rasool Mangi, Advocate-on-Record and Ch. Muhammad Iqbal, Advocate Supreme Court for the Petitioners/Applicants.
  • Salman Talib ud Din, Advocate Genetal, Sindh, Sibtain Mehmood, Additional A.G. Sindh, Dr. Saeed Ahmed Qureshi, Focal Person to Chief Secretary, Mizhar Hussain Alvi, AIG Legal and Najam Ahmed Shah, Secretary Local Government for Government of Sindh.
  • Babar Ali, Advocate Supreme Court for F.W.O.
  • Umar Lakhani, Advocate Supreme Court, Murtaza Wahab, Administrator, Azra Muqeem, Legal Advisor and Afzal Zaidi, M/C for KMC.
  • Adil Rafi, Director, Military Land and Cantonment, Karachi, M. Saleem Hassan, CEO, Clifton Cantonment, M. Farque, Military Estate Officer, Karachi, Omer Masoom Wazir, CEO, Korangi Cantonment, Barrister M. Omer Riaz, Advocate Supreme Court on behalf of Cantonment Board, Rana Khawar Iftikhar, CEO, Faisal Qazi Rizwan Ahmed, CEO, Karachi Cantonment and Haider Sial, CEO, Malir and Umair Mehboob, CEO Manora for Cantonments.
  • 19. Notice to the K.M.C. and P.E.C.H.S. so also to the Advocate General Sindh for a date in the next session.

Headnotes / Summary

Housing society

Original master plan/layout plan

Amenity plots

Once layout plan was prepared, in which amenities were provided, such amenities could not be removed or altered/converted into private buildings or used for commercial purposes

Members of the society acquired vested rights in the amenities provided in the society and those could not be taken away or allotted for any purposes other than those shown in the original master plan

Land meant for amenities and for parks and play grounds could not be legally and justifiably allotted to private persons for their exploitation as a commercial venture or for residential purposes. In attendance: Muhammad Iqbal Menion, Commissioner Karachi, Imran Khan, APM JIAP, CAA, Shakeel Ahmed Durrani, Additional D.G.FIA Karachi South, Kh. Shamas ul Islam, Advocate Supreme Court, Khalid Mehmood Siddiqui, Advocate Supreme Court, Ms. Ambar Alibhai, Sheri Citizen, Waqar Alam, President Karachi Cooperative Housing Society, Junaid Makda, one of the lessees, Haji Abdul Raziq, Applicant in C.M.A. 16/21, Raja Qasit Nawaz Khan, Advocate Supreme Court for Messrs Bahaduryar Jang Cooperative Housing Society, Imran Zaib, Federal Secretary, Ministry of Housing and Works, Asif Ali Memon, DG KDA, Abdul Haleem Jagrani, Administrator DMC West, Rashid A. Rizvi, Senior Advocate Supreme Court, Mian Raza Rabbani, Advocate Supreme Court, General Hilal Hussain, Secretary Ministry of Defence and Akhtar Ali Shaikh, MC Commissioner South, Anwar Mansoor Khan, Senior Advocate Supreme Court, Ms. Umaimah Anwar Khan; Advocate Supreme Court, Syed Ashikue Raza, Advocate Supreme Court with Ms. Abida Parveen Channar, Advocate-on-Record, Raja Qasit Nawaz, Advocate Supreme Court with Sajeel Shehryar Swab, Advocate Supreme Court, Syed Abdul Waheed, Advocate Supreme Court, Muhammad Ashraf Samoo, Advocate Supreme Court, Dr. Raana Khan, Advocate-on-Record (for KMC/SBCA), Mst. Sabiha Parveen in person, Syeda Maria Raja in person, Muhammad Sohail Hayat Khan, Advocate Supreme Court, Ms. Abida Parveen Channar, Advocate-on-Record, Ms. Maliha Malik in person, Muhammad Saleem Mangrio, Advocate Supreme Court, Salahuddin Ahmed, Advocate Supreme Court, Asim Iqbal, Advocate Supreme Court along with Akhtar Hussain, Advocate Supreme Court, Mukesh Kumar G. Karara, Advocate Supreme Court, Khalid Javed, Advocate Supreme Court, Aslam Abro, Arshad M. Tayyabali, Advocate Supreme Court, Zakir Hussain Khan Kheli, Advocate Supreme Court, Ghulam Rasool Mangi, Advocate-on-Record and Ch. Muhammad Iqbal, Advocate Supreme Court for the Petitioners/Applicants. Kashif Sarwar Paracha, Additional A.G.P. for the Federation on Court's Notice. Salman Talib ud Din, Advocate Genetal, Sindh, Sibtain Mehmood, Additional A.G. Sindh, Dr. Saeed Ahmed Qureshi, Focal Person to Chief Secretary, Mizhar Hussain Alvi, AIG Legal and Najam Ahmed Shah, Secretary Local Government for Government of Sindh. Babar Ali, Advocate Supreme Court for F.W.O. Assad Ullah Khan, M.D. for KWSB. M. Idrees Mahsud, Member for NDMA. Faizsan Haidar Shah Director Tech. for WAPDA. Ghulam Nabi Karejo, SSP (South) for Traffic Police. Karam Din Junejo, Nazir, High Court of Sindh. Umar Lakhani, Advocate Supreme Court, Murtaza Wahab, Administrator, Azra Muqeem, Legal Advisor and Afzal Zaidi, M/C for KMC. Adil Rafi, Director, Military Land and Cantonment, Karachi, M. Saleem Hassan, CEO, Clifton Cantonment, M. Farque, Military Estate Officer, Karachi, Omer Masoom Wazir, CEO, Korangi Cantonment, Barrister M. Omer Riaz, Advocate Supreme Court on behalf of Cantonment Board, Rana Khawar Iftikhar, CEO, Faisal Qazi Rizwan Ahmed, CEO, Karachi Cantonment and Haider Sial, CEO, Malir and Umair Mehboob, CEO Manora for Cantonments.

Judgment & Decree

GULZAR AHMED, C.J.

C.M.A. No.774-K of 2021 (Civil Aviation Authority) Pursuant to order dated 24.11.2021, Mr. Shakil Ahmed Durrani, Additional Director General (South), F.I.A. has submitted his report stating therein that encroachment from Civil Aviation Authority's land on purported survey Nos. 526, 527, 575 and 576 comprising 09 acres and 22 ghuntas have been cleared and its possession has been delivered to the Civil Aviation Authority. Counsel appearing for the Civil Aviation Authority also acknowledges that the land, as mentioned above, has been cleared and its possession given to the Civil Aviation Authority. The Civil Aviation Authority shall immediately take measures to protect its land and also ensure that no illegal occupation thereon is made. The application/report is disposed of in the above terms. C.M.A. No.522-K of 2020 (Amenity plot used for marriage halls)

2. There is plot of land bearing No. SNP A-21-B, Blocks Nos. 7 and 8, Karachi Cooperative Housing Societies Union Limited, main Tipu Sultan Road, off Shahra-e-Faisal, Karachi, measuring 11780 square yards and it is stated that the original Layout Plan of the Union shows this plot to be utilized for building of a school and a public park. Further another plot bearing No.SNP A-23 measuring 11660 square yards, Blocks Nos.7 and 8 Karachi Cooperative Housing Societies Union Limited is meant for a public park. It is alleged that land of plot bearing No.SNP A-23 has illegally been bifurcated into small plots and some of them have been allotted, on which lease is also claimed by one, Junaid Makda, who is present before the Court and such lease appears to have been made by Ministry of Housing and Works, Government of Pakistan. The Secretary Ministry of Housing and Works is present before the Court and seriously disputes the claim made by Junaid Makda and states that no such lease has been made by the Ministry.

3. It seems that two plots were specifically meant for amenity purposes, i.e., for use of school and public park but incidently, the office bearers of Karachi Cooperative Housing Societies Union Limited have not only mismanaged the amenity plots but have tried to create interests of individual persons through a fictitious Al-Riaz Cooperative Society. Apparently, in the master plan, a copy of which has been filed in C.M.A. No.773 of 2021, these two plots are shown to be as amenity plots Plot No. SNP A-23 is specifically shown as public park, a part of which at one corner is meant for Jinnah School and at the other corner, there is a Modern Club. Plot No.SNP A-21-B is shown as open amenity plot. This very original Layout Plan appears to be tampered with by the Karachi Cooperative Housing Societies Union Limited and such tampering by the Union, is illegal, for that, a Layout Plan once prepared, in which amenities are provided, such amenities cannot be removed or altered/converted into private buildings or used for commercial purposes, in that, the members of the society have acquired vested rights in the amenities, which are provided in the society and those cannot be taken away or allotted by the Union for any purposes other than those shown in the original master plan.

4. It seems that Plot No. SNP A-23 has been wrongly dealt with by the Union and it has tried to create interests of some individuals on it and one of such persons is Junaid Makda, who is present before the Court. In our view, the matter requires further clarification as Secretary, Ministry of Housing and Works states that he will place on record complete pictures of these plots before the Court as per its own record and also takes stand that Ministry of Housing and. Works has no power/authority to change the original land use in the Layout Plan.

5. We are also of the firm view that land meant for amenities and for parks and play grounds cannot be legally and justifiably allotted to private persons for their exploitation as a commercial venture or for residential purposes. Let a comprehensive report in this respect be filed by the Ministry of Housing and Works.

6. Junaicl Makda also states that he will file documents before the Court. He may do so. Counsel for the Karachi Cooperative Societies Union Limited makes a statement before the Court that both these plots are for amenity or for playground and public park and no activity whatsoever other than those which are mentioned above shall be allowed on these plots and all purported allotments/ leases of the land in the said two plots ought to be cancelled, and if any portion of these two plots is in occupation of any private person, the same be retrieved and the private persons be removed from the said land. Secretary, Ministry of Housing and Works is allowed one month's time to file his report.Junaid Makda is also allowed similar time to file documents he would like to file.

7. A copy of the original Master Plan of K.D.A. has been placed on record which is legible and shows the status of these two plots that of amenity, i.e., school, modern club and public park. Such plan is taken on the record. Office is directed to allot a separate C.M.A. number to this plan.

8. It is complained that the land of these two plots is being used for holding of marriage functions and also as parking space. It is ordered that no marriage function shall be allowed on any part of the said two plots nor any part of the said plots be used as parking space. The Union shall ensure compliance of the court order-and in case any deviation is made, the President of the Union, who is present before the Court, shall be personally responsible against whom the Court shall take action. He may take the assistance of law enforcement agencies which shall be provided, if so requested. Adjourned to a date after one month. C.M.A. No.826-K/2020

9. With regard to two plots, it is stated that plot bearing No.SNP A-70, measuring 3931 square yards, is meant for family park. Raja Qasit Nawaz Khan, ASC contends that this very part of land has been bifurcated into three plots and only small portion of the plot has been. left for a family park. The remaining two plots have been allotted and on one of the said plots, bearing No.SNP A-70-B-1, a huge building has been constructed by the name of Al-Bari Towers.

10. Mr. Rasheed A. Rizvi, Sr. ASC has appeared on behalf of the builder of Al-Bari Towers and requests for time to file concise statement. Let such be done within a period of one month. If any of the parties wishes to file any document with regard to the same plot, the same be done within the above mentioned period.

11. Needless to observe that none of the parties shall create any third party interest in any portion of the land or the building constructed thereon and if there is anything, the same shall be discontinued until the Court decides the matter.

12. Secretary, Ministry of Housing and Works has prepared his Report and states that he is filing the same. He is directed to appear before the Court on the next date of hearing. Adjourned to a date after one month. NASLA TOWER 13 . Commissioner, Karachi has submitted a report which shows that demolition work of Nasla Tower has commenced. He has attached some photographs with his report showing some walls from ground floor to some upper floors have been removed but apparently, demolition process from upper floor has not been started. He_ states that services of qualified engineers have been taken by him, who are constantly present at the building site to ensure safe demolition of the building. He also states that about 200 persons have been engaged by him.

14. In order to expedite the demolition process, let Commissioner, Karachi engage some 400 persons. He shall ensure that demolition process is completed within a period of one week and shall file further report before the Court. The report so filed by the Commissioner, Karachi shall be placed before the members of the Bench for consideration in chambers. Tejori Heights

15. Mian Raza Rabbani, learned counsel for Tejori Heights has appeared before the Court. He has made statement that all construction of the building has been demolished by the builder himself and debris of the building is lying at the site, which the builder will clear and for which he requests for 20 days' time.

16. Such time is allowed. Commissioner, Karachi shall ensure that the structure of the Tejori Heights/building is removed as per court order and the debris is also cleared by the builder from the site.

17. Learned counsel further states that basement area shall be filled up by the builder and the foundation of the building shall be completely removed. The Commissioner, Karachi shall ensure that such is done and file his report in this regard. We direct that possession of the land at Tejori Heights still remain with the Commissioner, Karachi. Secretary, Ministry of Defence

18. Pursuant to order dated 24.11.2021, the Secretary, Ministry of Defence, has put in appearance before the Court and has made a statement that all cantonment lands are strategic lands and are meant for defence purposes. The Secretary, Ministry of Defence, is directed to appear before the Court at Islamabad, on Tuesday, i.e. 30.11.2021 at 1:00 p.m. when he will give statement, in writing, about the cantonment lands, more particularly of restoring all cantonment lands for strategic and defence purposes. C.M.As. Nos.13-K and 14-K of 2021

19. Notice to the K.M.C. and P.E.C.H.S. so also to the Advocate General Sindh for a date in the next session. MWA/N-15/SC Order accordingly.