Headnote 1 — 2022 PLP 219 (SCMR)

SCMR 2022

2022 PLP 219 (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 GUJJAR NALLAH: CRIMINAL ORIGINAL PETITION NO.9-K OF 2021, [Syeda Maria Raza v. Government of Sindh through Chief 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.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 Nalla) (For seeking direction for removal of encroachment on Gujjar Nalla and Orangi Nalla) AND C.M.A. No.1112-K OF 2021 IN C.R.P. NO.61-K OF 2021, [Shehri and others v. Naimatullah Khan and others (Matter regarding encroachment over Gujjar Nalla and Orangi Nalla)] AND CIVIL AVIATION AUTHORITY: 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 AMENITY PLOT USED FOR MARRIAGE HALLS: C.M.A. No.522-K OF 2020 IN CONST. P. No.9 OF 2010, [Waked Ahmed and others v. Federation of Pakistan and others (Plot No.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 ZIAUDDIN 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 and others (Reply to Show Cause Notice on behalf of South City Hospital)] AND C.M.A. No.1064-K OF 2021, [Messrs South City Hospital (Pvt.) Limited v. Federation of Pakistan and others (Reply to Show Cause Notice on behalf of South City Hospital)] AND ENCROACHMENT IN JACOBABAD ON 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 and others 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 Akrarn 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 EXTENSION 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 IN CONST.P. NO.9 OF 2010, [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: 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 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 CRL. ORG. P. NO.14-K OF 2021. [Mrs. Shabnum Humayun v. Federation of Pakistan and others (matter regarding Hill Park)] 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 D.G. 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, [Sharnim 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 TEJORI HIGHTS/TOWER ON RAILWAYS LAND: 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 Pakistan Railway Land and revival of KCR) (Tejori Heights/Tower)] AND RAILWAYS EMPLOYEES CO-OPERATIVE 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 ENCROACHMENT OVER RAILWAYS LAND AT HYDERABAD: 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 ROYAL PARK: C.M. APPEAL NO.37 OF 2021 IN C.R.P. 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 C.M.A. NO.1004-K OF 2021, [Muhammad Zohaib Ather v. Federation of Pakistan and others (Matter regarding Royal Park Project)] 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- STORIES 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 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 KING COTTAGES/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 HAYAT 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 STAR (RESIDENTIAL 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&T Colony also declared as Katchi Abadi)] AND K-ELECTRIC (CONNECTED WITH H.R.C. 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 ASKARI PARK: C.M.A. NO.1087-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 FOOD STREET AT BURNS ROAD: C.M.A. NO.1095-K OF 2021, [Muhammad Imran v. Federation of Pakistan and others (matter regarding Food Street at Burns Road)] AND ENCROACHMENT OVER/BESIDES HINDU'S TEMPLES/MANDIRS: C.M.A. NO.1123-K OF 2021, [Kelash Kumar v. Federation of Pakistan and others (matter regarding encroachment over Hindu Temples/Mandirs)] AND SAIMA ROYAL RESIDENCY: C.M.A. NO.1129-K OF 2021, [Jawwad Ali Khan v. Federation of Pakistan and others (matter regarding Saima Royal Residency)] AND SMALL BUSINESSES RUNNING I.E. SUGARCANE CRUSHING MACHINES AT FOOTPATH/ROADS, 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 Plots Nos. R-160/4 and R-160/5, Sector 11, North Karachi. Fabricated against master plan, as these are amenity plots for Bus Stop/Car Parking/Green Belt and others)] 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 (SHAHRAH-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 RESIDENCIAL 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 other than its original use)] AND C.P. NO.92-K OF 2020, [Karachi Chamber of Commerce and Industry v. Karachi Metropolitan Corporation and others (Conversion of residential land into commercial i.e. Plot No.79, Survey Street No.C-F 1-5, Old Clifton, KDA Scheme-5, Karachi] AND C.P. No.93-K OF 2020, [Karachi Chamber of Commerce and Industry v. Karachi Metropolitan Corporation and others (Coversion 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 35000 AMENITY PLOTS AT 112 SITES OF KDA SCHEME/TOWNSHIP: 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. 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-Kalayna v. (Amenity plot allotted for Kalayana Community Centre at North Karachi as illegally demolished by respondent)] AND CRL. M.A. NO.111-K OF 2018 IN CRL. M.A. NO.132-K OF 2017 IN CRL.ORG.P.NO.7-K OF 2017, [Application for withdrawal filed by in person namely Anjuman-e-Kalayana through its President)] AND CRL. M.A. NO.243-K OF 2018 IN CRL. M.A. NO.8-K OF 2018 IN CRL.ORG.P.NO.7-K OF 2017, [Application for withdrawal filed by in person, namely, Anjuman-e-Sadat-e-Amroha through its President] AND CRL. M.A. NO.8-K OF 2018 IN CRL.ORG.P.NO.7-K OF 2017, [Application for intervener filed on behalf of Anjuman 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 Raees 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, 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 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 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 Ardeshir Cowasjee (regarding allotment of Plot No.9B, GKI, Ghulam Hussain Kasim Quarters Karachi, which was designated for the purpose of ejector sump pump by KW&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, Jamshed 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. M.A. 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 received to him for payment of Rs.40000, on objection he was intimated that said amount is required for grid station)] AND CRL. M.A. 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 society 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 purpose 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 and others (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 Pakistan 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/parks, 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 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 (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 (matter regarding encroachment over Plot No. ST-14)] AND C.M.A. NO.1040-K OF 2021 (Application for withdrawal of earlier 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 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 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 C.M.A. NO.1164-K OF 2021, [Zohaib Yousuf v. Federation of Pakistan and others - matter regarding illegal construction of multi story five tower (RJ Towers and Royal Icon) 24 stories each on amenity plot of Baloch Goth 13-D/3, Gulshan-e-Iqbal, Karachi)] AND ILLEGAL ENCROACHMENT OVER PLOTS OF INDIVIDUAL: 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 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 Nos.B-100 and B-113, Block-10, 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 DISCRIMINATION/GRIEVANCES WITH REGARD TO ENCROACH MENT 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 Rehman 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 ALLEGATION LEVELED AGAINST GOVERNMENT OFFICIALS: 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 in 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 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 and others)] 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)] 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 27th December, 2021.

Honorable Judges

Gulzar Ahmed, C.J. and Qazi Muhammad Amin Ahmed, J

Case Reference Summary (AEO Optimized)

Citation	2022 PLP 219 (SCMR)
Forum / Court	Supreme Court of Pakistan
Bench Members	Gulzar Ahmed, C.J. and Qazi Muhammad Amin Ahmed, J
Parties	NIAMATULLAH KHAN ADVOCATE and others — Petitioners/Appellants Versus FEDERATION OF PAKISTAN and others — Respondents
Primary Law	(b) Constitution of Pakistan, (a) Constitution of Pakistan

💡 Quick Legal QA & Summary / سوال و جواب خلاصہ

Q1: What are the key laws and sections cited in 2022 PLP 219 (SCMR)?

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

Q2: Which judicial bench decided the case 2022 PLP 219 (SCMR)?

The case was heard and decided by the Supreme Court of Pakistan bench comprising: Gulzar Ahmed, C.J. and Qazi Muhammad Amin Ahmed, J.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 2022 PLP 219 (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) Constitution of Pakistan (a) Constitution of Pakistan

Representation

----Arts. 184(3) & 204---Contempt of Court Ordinance (V of 2003), S. 3---Matters relating to progress of demolition work of "Nasla Tower" built illegally on encroached land; contempt of Court notice issued to Director General, Sindh Building Control Authority for defying Supreme Court's orders regarding demolition of "Nasla Tower"; registration of FIR against the Director General and other concerned officials of the Sindh Building Control Authority for demanding bribes from the contractor undertaking demolition work of "Nasla Tower"; compensation for purported allottees of "Nasla Tower"; registration of FIR against the owner and builder of "Nasla Tower" and other officials of the Sindh Building Control Authority and other government departments including Sindh Muslim Cooperative Housing Society for approving and allowing illegal construction of "Nasla Tower"---Supreme Court issued relevant directions to the concerned authorities and officials to address the issues highlighted and also gave directions for filing progress reports on the next date of hearing to address the issues.
----Art. 184(3) ---Matters relating to demolition of illegally built multi-storey building "Tejori Heights" and cost incurred on its demolition and removal of debris; retrieval of amenity plot by the name of 'Gutter Baghiacha" meant for building a park which was illegally allotted/transferred to Karachi Municipal Corporation Officers Cooperative Housing Society for making a housing society; seventeen (17) acres of land comprising of old Sabzi Mandi apparently given to the Headquarters Engineers-5 Corps, Liaquat Barracks, for maintaining it as a park being illegally used for commercial activities comprising of shops and marriage halls; plots Nos. AP-30 and AP-31 in layout plan of Pakistan Employees Cooperative Housing Society meant for a park and club respectively, occupied by a mosque and madrassah (religious school)---Supreme Court issued relevant directions to the concerned authorities and officials to address the issues highlighted and also gave directions for filing progress reports on the next date of hearing to address the issues.
Mian Raza Rabbani, Senior Advocate Supreme Court, Ch. Muhammad Iqbal, Advocate Supreme Court, Obaid ur Rehman Khan, Advocate Supreme Court, Khalid Javed, Advocate Supreme Court, K.A. Wahab, Advocate-on-Record, Anwar Mansoor Khan, Senior Advocate Supreme Court, Ms. Umaimah Anwar Khan, Advocate Supreme Court, Abid S. Zubari, Advocate Supreme Court, Khawaja Shams-ul-Islam, Advocate Supreme Court, Mazhar Ali B. Chohan, Advocate-on-record/Advocate Supreme Court, Muhammad Ashraf Samoo, Advocate Supreme Court, Badar Alam, Senior Advocate Supreme Court, Khalid Mehmood Siddiqui, Advocate Supreme Court, Dr. Raana Khan, Advocate-on-Record, Mst. Sabiha Parveen, Syeda Maria Raza, Muhammad Saleem Mangrio, Advocate Supreme Court, Salahuddin Ahmed, Advocate Supreme Court, Ms. Razia Danish, Advocate Supreme Court, Ghulam Rasool Mangi, Advocate-on-Record and Syed Ali Zafar, Advocate Supreme Court, VL Lahore for Petitioners/Appellants.
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: CRIMINAL ORIGINAL PETITION NO.9-K OF 2021, [Syeda Maria Raza v. Government of Sindh through Chief 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.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 Nalla) (For seeking direction for removal of encroachment on Gujjar Nalla and Orangi Nalla) AND C.M.A. No.1112-K OF 2021 IN C.R.P. NO.61-K OF 2021, [Shehri and others v. Naimatullah Khan and others (Matter regarding encroachment over Gujjar Nalla and Orangi Nalla)] AND CIVIL AVIATION AUTHORITY: 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 AMENITY PLOT USED FOR MARRIAGE HALLS: C.M.A. No.522-K OF 2020 IN CONST. P. No.9 OF 2010, [Waked Ahmed and others v. Federation of Pakistan and others (Plot No.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 ZIAUDDIN 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 and others (Reply to Show Cause Notice on behalf of South City Hospital)] AND C.M.A. No.1064-K OF 2021, [Messrs South City Hospital (Pvt.) Limited v. Federation of Pakistan and others (Reply to Show Cause Notice on behalf of South City Hospital)] AND ENCROACHMENT IN JACOBABAD ON 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 and others 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 Akrarn 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 EXTENSION 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 IN CONST.P. NO.9 OF 2010, [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: 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 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 CRL. ORG. P. NO.14-K OF 2021. [Mrs. Shabnum Humayun v. Federation of Pakistan and others (matter regarding Hill Park)] 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 D.G. 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, [Sharnim 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 TEJORI HIGHTS/TOWER ON RAILWAYS LAND: 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 Pakistan Railway Land and revival of KCR) (Tejori Heights/Tower)] AND RAILWAYS EMPLOYEES CO-OPERATIVE 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 ENCROACHMENT OVER RAILWAYS LAND AT HYDERABAD: 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 ROYAL PARK: C.M. APPEAL NO.37 OF 2021 IN C.R.P. 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 C.M.A. NO.1004-K OF 2021, [Muhammad Zohaib Ather v. Federation of Pakistan and others (Matter regarding Royal Park Project)] 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- STORIES 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 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 KING COTTAGES/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 HAYAT 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 STAR (RESIDENTIAL 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&T Colony also declared as Katchi Abadi)] AND K-ELECTRIC (CONNECTED WITH H.R.C. 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 ASKARI PARK: C.M.A. NO.1087-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 FOOD STREET AT BURNS ROAD: C.M.A. NO.1095-K OF 2021, [Muhammad Imran v. Federation of Pakistan and others (matter regarding Food Street at Burns Road)] AND ENCROACHMENT OVER/BESIDES HINDU'S TEMPLES/MANDIRS: C.M.A. NO.1123-K OF 2021, [Kelash Kumar v. Federation of Pakistan and others (matter regarding encroachment over Hindu Temples/Mandirs)] AND SAIMA ROYAL RESIDENCY: C.M.A. NO.1129-K OF 2021, [Jawwad Ali Khan v. Federation of Pakistan and others (matter regarding Saima Royal Residency)] AND SMALL BUSINESSES RUNNING I.E. SUGARCANE CRUSHING MACHINES AT FOOTPATH/ROADS, 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 Plots Nos. R-160/4 and R-160/5, Sector 11, North Karachi. Fabricated against master plan, as these are amenity plots for Bus Stop/Car Parking/Green Belt and others)] 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 (SHAHRAH-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 RESIDENCIAL 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 other than its original use)] AND C.P. NO.92-K OF 2020, [Karachi Chamber of Commerce and Industry v. Karachi Metropolitan Corporation and others (Conversion of residential land into commercial i.e. Plot No.79, Survey Street No.C-F 1-5, Old Clifton, KDA Scheme-5, Karachi] AND C.P. No.93-K OF 2020, [Karachi Chamber of Commerce and Industry v. Karachi Metropolitan Corporation and others (Coversion 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 35000 AMENITY PLOTS AT 112 SITES OF KDA SCHEME/TOWNSHIP: 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. 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-Kalayna v. (Amenity plot allotted for Kalayana Community Centre at North Karachi as illegally demolished by respondent)] AND CRL. M.A. NO.111-K OF 2018 IN CRL. M.A. NO.132-K OF 2017 IN CRL.ORG.P.NO.7-K OF 2017, [Application for withdrawal filed by in person namely Anjuman-e-Kalayana through its President)] AND CRL. M.A. NO.243-K OF 2018 IN CRL. M.A. NO.8-K OF 2018 IN CRL.ORG.P.NO.7-K OF 2017, [Application for withdrawal filed by in person, namely, Anjuman-e-Sadat-e-Amroha through its President] AND CRL. M.A. NO.8-K OF 2018 IN CRL.ORG.P.NO.7-K OF 2017, [Application for intervener filed on behalf of Anjuman 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 Raees 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, 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 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 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 Ardeshir Cowasjee (regarding allotment of Plot No.9B, GKI, Ghulam Hussain Kasim Quarters Karachi, which was designated for the purpose of ejector sump pump by KW&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, Jamshed 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. M.A. 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 received to him for payment of Rs.40000, on objection he was intimated that said amount is required for grid station)] AND CRL. M.A. 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 society 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 purpose 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 and others (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 Pakistan 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/parks, 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 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 (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 (matter regarding encroachment over Plot No. ST-14)] AND C.M.A. NO.1040-K OF 2021 (Application for withdrawal of earlier 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 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 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 C.M.A. NO.1164-K OF 2021, [Zohaib Yousuf v. Federation of Pakistan and others - matter regarding illegal construction of multi story five tower (RJ Towers and Royal Icon) 24 stories each on amenity plot of Baloch Goth 13-D/3, Gulshan-e-Iqbal, Karachi)] AND ILLEGAL ENCROACHMENT OVER PLOTS OF INDIVIDUAL: 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 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 Nos.B-100 and B-113, Block-10, 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 DISCRIMINATION/GRIEVANCES WITH REGARD TO ENCROACH MENT 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 Rehman 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 ALLEGATION LEVELED AGAINST GOVERNMENT OFFICIALS: 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 in 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 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 and others)] 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)] 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 27th December, 2021.
Muhammad Iqbal Memon, Commissioner, Karachi, Muhammad Salim Raza, D.G., SBCA, Ms. Ambar Alibhai, Sheri Citizen, Murtaza Wahab, Administrator KMC, Haji Abdul Raziq (Applicant in C.M.A. 16/21) and Raja Qasit Nawaz Khan, Advocate Supreme Court.
Salman Talib ud Din, Advocate General, Sindh, Sibtain Mehmood, Additional A.G., Dr. Saeed Ahmed Qureshi, Focal Person to Chief Secretary, Qazi Shahid Pervaiz Memon, Acting Chief Secretary, Sindh, Najam Ahmed Shah, Secretary Local Government, Zulfiqar Gul Memon, Deputy Chief, T&C, Ministry of Planning, Saeed Ahmed, Additional Secretary, Planning and Development, Abdul Rahim Sheikh, Secretary Environment, Sikandar Hassan, Law Officer, Finance Department, Shafique Ahmed, Commissioner, Larkana, Dr. Hafeez Sial, DC, Jacobabad and Shumail Riaz Malik, SSP Jacobabad for Government of Sindh.
Babar Ali, Advocate Supreme Court for F.W.O.
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 via video link from Lahore, Rana Khawar Iftikhar, CEO, Faisal and Qazi Rizwan Ahmed, CEO, Karachi, Cantonment for Cantonments.
28. Notice to the learned Advocate General, Sindh for next session.

Headnotes / Summary

In attendance: Muhammad Iqbal Memon, Commissioner, Karachi, Muhammad Salim Raza, D.G., SBCA, Ms. Ambar Alibhai, Sheri Citizen, Murtaza Wahab, Administrator KMC, Haji Abdul Raziq (Applicant in C.M.A. 16/21) and Raja Qasit Nawaz Khan, Advocate Supreme Court. Khalid Javed Khan, Attorney General for Pakistan, Kashif Sarwar Paracha, Additional A.G.P., Khaliq Ahmed, D.A.G. and Dr. Imran Zaib, Secretary, Housing and Works on Court's Notice for the Federation. Salman Talib ud Din, Advocate General, Sindh, Sibtain Mehmood, Additional A.G., Dr. Saeed Ahmed Qureshi, Focal Person to Chief Secretary, Qazi Shahid Pervaiz Memon, Acting Chief Secretary, Sindh, Najam Ahmed Shah, Secretary Local Government, Zulfiqar Gul Memon, Deputy Chief, T&C, Ministry of Planning, Saeed Ahmed, Additional Secretary, Planning and Development, Abdul Rahim Sheikh, Secretary Environment, Sikandar Hassan, Law Officer, Finance Department, Shafique Ahmed, Commissioner, Larkana, Dr. Hafeez Sial, DC, Jacobabad and Shumail Riaz Malik, SSP Jacobabad for Government of Sindh. Babar Ali, Advocate Supreme Court for F.W.O. Nisar Ahmed Memon, CEO/Senior GM Railways, Ameer Muhammad Daudpota, D.G. and Rao Waqar Ahmed, DS for Pakistan Railways. Assad Ullah Khan, M.D. for KWSB. M. Idrees Mahsud, Member for NDMA. Faizsan Haidar Shah, Director Tech. for WAPDA. Karam Din Junejo, Nazir for High Court of Sindh. Azra Muqeem, Legal Advisor, Afzal Zaidi, M/C and Mazhar Khan, Chairman, KMC Officers Housing Society for Karachi Municipal Corporation. 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 via video link from Lahore, Rana Khawar Iftikhar, CEO, Faisal and Qazi Rizwan Ahmed, CEO, Karachi, Cantonment for Cantonments.

Judgment & Decree

GULZAR AHMED, C.J.

Nasla Tower (Reports Nos.129-K, 131-K and 140-K of 2021) The Commissioner, Karachi has submitted a Report No.140-K of 2021, regarding the demolition of Nasla Tower. The report is dated 03.12.2021. In the last para of the report the Commissioner, Karachi has made a following statement:- "SBCA tried to stop demolition on various pretexts, which were not plausible. They were not ready to give their reservations in writing. They kept threatening the contractor and instill fear among labour. They allegedly demanded bribe from the contractor. They did not allow operation of Jackhammer WT-15 Tons on various occasions claiming it would dismantle the building."

2. This statement shows that Sindh Building Control Authority (SBCA) has tried to obstruct the implementation of the Court's orders dated 24.11.2021 and 26.11.2021 and apparently committed itself in a manner which amounts to defiance of the Court's orders, which attracts the provision of Article 204 of the Constitution read with relevant provisions of the Contempt of Court Ordinance, 2003.

3. The Director General, SBCA is in attendance. He has been confronted with the above statement of the Commissioner, Karachi. He states that such a statement of the Commissioner, Karachi is not correct.

4. Be that as it may, as there is a written proof of the fact that the SBCA has tried to defy of the Court's orders, noted above, as such it has made itself liable to be proceeded for commission of Contempt of Court and accordingly, the Director General, SBCA who is in attendance is issued notice as to why contempt proceedings should not be initiated against him for he being the official head of SBCA apparently is liable for the conduct of SBCA. The D.G., SBCA shall file reply in one week.

5. It is also alleged in the above para of the report of the Commissioner, Karachi that SBCA has also demanded bribe from the contractor, undertaking the work of demolition of Nasla Tower. In the circumstances, let the Chairman Enquiries and Anti-Corruption Establishment, Karachi register an FIR against the Director General, SBCA and also against all other officials of SBCA who have illegally conducted themselves in this regard proceed against them in accordance with law. The Chairman Enquiries and Anti-Corruption Establishment shall put up his report in one week before the Court regarding the action taken by him in this regard.

6. The Commissioner, Karachi present in Court, states that the work of demolition of Nasla Tower is going on. He states that five floors from upside down have already been demolished while remaining work is going on and the remaining building will also be demolished at an early date.

7. We expect that the work of demolition of the building shall be achieved by the Commissioner, Karachi within further one week's time and in this regard report shall be submitted by the Commissioner, Karachi to the Court. The Commissioner, Karachi should utilize all available resources of the Government, in order to comply with the Court's orders, noted above. No amount of laxity shall be allowed and if any is found the Commissioner, Karachi shall himself, be liable to be proceeded against by this Court.

8. During the course of proceedings, it was brought to the notice of the Court that the purported allottees of Nasla Tower have been left without any source from which they could be compensated and the owner/builder is not coming forward to make payment/compensation to the purported allottees. The purported allottees entitled to the payment/compensation is required to be protected and the only source available is the very Plot No.193-A, SMCH Society measuring 780 square yards is attached and the Official Assignee appointed to secure the said plot and not to allow any person to enter upon the same and also to inform all relevant offices about the attachment of the plot. The Official Assignee shall ensure that no person enters on the said plot except the persons, who are engaged in demolition work of the building. On completion of demolition the Official Assignee shall ensure that proper securing of the plot and put a board notifying its attachment by the Court.

9. We have already declared that Nasla Tower was illegally constructed vide order dated 16.06.2021. Pursuant to this order, the Court has passed further orders for demolition of Nasla Tower. Obviously, as stated before us the Nasla Tower was built after obtaining approval from the SBCA and other relevant departments, including the Sindh Muslim Cooporative Housing Society. The owner of the building and the builder and all the officials of the SBCA and other government departments, including SMCH are liable to be prosecuted for approving and allowing of illegal construction of Nasla Tower. In the first place these persons are prima facie guilty of the commission of offence under various provisions of the Pakistan Penal Code and they are liable to be proceeded against. An FIR against them is required to be registered.

10. The Deputy Inspector General of Police, East (DIG) is directed to ensure that FIR is registered against all the above noted persons and they are proceeded against in accordance with law. The DIG shall submit his report before the Court within one week noting down the action taken against the persons involved in the matter. At the same time the Chairman Enquiries and Anti-Corruption Establishment shall also register the case against the officials of SBCA and all other government departments, who have indulged, connived and abated in granting of approval for construction of Nasla Tower as such building was allowed to be constructed in gross violation of law and each and every officials of SBCA and other government departments involved in the affairs should be proceeded against by the Enquiries and Anti-Corruption Establishment. The officials of the SBCA and other government departments so involved shall also be proceeded departmentally and strict action be taken against them, after complying with all codal formalities. The Chairman Enquiries and Anti-Corruption Establishment, Karachi shall put up a report in one week describing the action taken by him. The D.G., SBCA so also the Heads of other government departments whose officials have conducted themselves wrongly shall also put up their reports showing the action taken by them against the respective officials of their respective departments. Tejori Heights (Report No.133-K of 2021)

11. It seems that main structure of Tejori Heights has been demolished and now basement and foundation has to be removed. The builder has originally undertaken the demolition of the building but from the report submitted today before the Court, it seems that the structure of basement and foundation has not been removed as yet. The Commissioner, Karachi states that if he is given the permission to demolish and remove the basement and foundation, he will carry out the same.

12. In the circumstances, where the builder seems to be reluctant in removing the basement and foundation of the building, the Commissioner, Karachi is directed to demolish and remove the basement of the building as well as the foundation. The cost of such demolition and removal of debris incurred by the Commissioner, Karachi shall be paid by the builder and in case the builder defaults in making of payment, the Commissioner, Karachi shall submit a report before the Court and Court shall make appropriate orders in this regard.

13. The builder shall provide funds in the sum of Rs.2.5 million to the Commissioner, Karachi upfront within two days. The Commissioner, Karachi shall put up a report and such report shall be made available to the Court in one week's time. The Commissioner, Karachi shall give proper account about the cost incurred by him regarding the work performed at the building site. Gutter Baghicha (Report Nos.128-K and 135-K of 2021)

14. The Administrator, KMC, has been appearing in this case and instead of assisting the Court on each occasion, he has tried to make a political statement. We have time and again warned him not to do so but he keeps on deviating from the work of the Administrator to that of going into the realm of politics and agitate his political party's issues before the Court. Such we believe, that the Administrator, KMC has to be a person who has to conduct himself in a manner where the work of the people are handled and conducted in a neutral way and not on political basis. Incidentally, we find that the Administrator, KMC, could not disconnect himself from his own political party to which he belongs and comes up with the political statements which apparently, are not allowing him to perform his functions in a neutral manner, which is required by his Office. Today also, he has deviated from his task of doing the work of an Administrator and making statements and saying things before the Court, as if he is representing the case of a political party. This state of affairs could not be allowed to take place and the Administrator seems to be totally acting more like a politician than an Administrator, which is the job, requiring him to perform for the good of the people, particularly of the City of Karachi. He has showed anger in Court, which is totally unbecoming of an Administrator. He is not a fit person to remain as an Administrator of KMC. In the circumstances, we direct the Chief Minister, Government of Sindh to remove him from the post of the Administrator, KMC immediately and to appoint a fit person who is capable to deliver the people as an Administrator of the City of Karachi.

15. We have noted that some about 200 acres of land of Gutter Baghicha, which is the land meant for park for the City of Karachi has been allotted to KMC Officers Cooperative Housing Society. The Chairman, KMC Officers Cooperative Housing Society has appeared before the Court and we have heard him. There is no dispute at all that the land of Gutter Baghicha is meant for park and it comprises of 1016 acres of land and it seems that not only the KMC has allotted 200 acres out of such land to its officers, a big portion of the land is encroached upon some industries have also occupied the land of Gutter Baghicha. The whole Gutter Baghicha land has to be retrieved as it is an amenity plot and meant for the park. We are informed that on the said land there are following installations: 1) KDA Treatment Plant TP-1; 2) Incinerator Plant; 3) A Pumping Station; and 4) Various Graveyards.

16. The Administrator has sincerely apologized for his conduct and states that he will not repeat his such conduct before the Court nor before any other forum or people for whom he has been appointed as an Administrator and that he will conduct his office independently free from political interference and whole of his interest will be to ensure that he serves the people of city of Karachi without being influenced by politics or his affiliation with a political party. We emphasize that the office held by the Administrator is a trust, which the people have reposed in him and he has to discharge his duties in a neutral manner as he can without being influenced at all by any political affiliation whatsoever. The function is to serve the people and not any individual. We therefore, on showing of remorse by the Administrator, recall our order of asking the Chief Minister to remove him from the office and to appoint some other person in his place as an Administrator of the city of Karachi.

17. In the matter regarding Guttar Baghicha, at the outset the Administrator states that he will ensure that there is an urban forest planted in 168 acres of Guttar Baghicha land and he also gives a timeline that plantation will start in the month of March, 2022 for developing an urban forest. In respect of the KMC Officers Cooperative Housing Society, who claims that it has been allotted 200 acres of land from Guttar Baghicha, the Chairman of the Society is present and requests that he may be allowed to engage a counsel to plead the case before the Court.

18. Adjourned for tomorrow i.e. 28.12.2021. Report No.137-K of 2021

19. It looks that 38 acres, including 17 acres of land comprising of old Sabzi Mandi, Karachi was apparently given to the Headquarters Engineers-5 Corps, Liaquat Barracks, Karachi for maintaining it as a park. The agreement attached with the statement shows that it has no date. Even the land and its measurement is not mentioned nor the site plan of the land is attached with the agreement.

20. C.M.A. No.1087-K of 2021 was filed before this Court by one Naveed Ahmed Khan, Chairman of Human Rights Protection International, claiming illegal usage of the land of the park for commercial activities in violation of Adaption Agreement. It is pointed out in the application that in the park commercial activities are being undertaken comprising of market having shops and Marriage Halls. Report No. 137-K of 2021 has been filed by the Deputy Director, Head Quarters, Land Department, KMC, where it is specifically mentioned that the park shall be a public park meant for public recreation and it is also liable to be resumed by the then City District Government, Karachi, presently the Administrator, KMC.

21. C.M.A. No.1238-K/2021 has also been filed on behalf of Headquarters Engineers-5 Corps, Karachi Chaudhry Muhammad Iqbal, learned counsel was appeared and stated that C.M.A. No.1238-K of 2021 has filed on instructions of Lt. Col. Zubair. The C.M.A. shows that for generation of revenue, food court, snake bars, parking/entrance fee and children rides have been established in the park and one Marriage Hall was also created, which as stated in the application, has now been stopped. Further, it is noted that on the order of this Court open space previously used for different outdoor gatherings/functions have been restored to the green park and is open for public for their recreation and enjoyment. It is also stated in the application that there are 88 shops but the Army has nothing to do with it, neither they have been constructed by the Army nor the Army claims ownership over the said shops/market. It is also stated that currently no business activity is being undertaken in the shops and they are lying vacant. It is also mentioned in the application that the Court may decide its fate as deems appropriate as the shops are closed on the orders of City District Government, Karachi. In Para-8 of the application, it is specifically stated that the park land is the property of CDGK/KMC. We note that the very agreement contains clause where the park land can be resumed by the CDGK/KMC. The Administrator, KMC states that the park needs to be resumed by KMC and maintained by it and KMC shall ensure that the park is fully kept and maintained for public use and no charges are put on the people for using the same. All activities, like that of holding of functions outdoor or indoor, Marriage Halls in the park shall immediately be stopped and, if any, construction in this regard has been made, such construction shall be removed by KMC. The 88 shops which are stated to be built on the land of the park shall also be removed by the KMC. Learned counsel for HQ-5 Corps states that if the KMC wishes to resume the park, the same will be handed over to the KMC. In the circumstances, let the park be handed over to the KMC within two weeks from today, who will ensure that it is run as a park. The application so also report in the above terms stand disposed of. Report No.139-K of 2021 and C.M.A. No.1142-K of 2021

22. On behalf of PECHS, C.M.A. No.1142-K of 2021 has been filed in response to C.M. Appeal No.16-K of 2021, filed by Haji Abdul Razziq Khan. In report No.130-K of 2021, copy of the Layout Plan of PECHS has been filed. Similar, Layout Plan of PECHS has also been filed by Shehri. The Layout Plan shows that on the main Tariq Road, plot No.AP-30 is shown as a park, while plot No.AP-31 is shown as a Club. The park is known as Dilkusha Park, while the Club is Dilkusha Club. On the plot of the park i.e. AP-30, a huge Mosque appears to have been constructed and it is not known as to how the park land came to be occupied by the Mosque and this aspect needs to be addressed. Let notice be issued to the occupants of the Mosque to appear before the Court by tomorrow i.e. 28.12.2021 and also the Administrator Auqaf, to appear before the Court by tomorrow and explain as to how the park has been converted into a Mosque. As regard, plot No.AP-31, which is shown as a land of the Club, it is stated in the report of the PECHS that this land of the Club which comprises 989.35 square yards has been encroached and some Madaressa has put up its board on it. Shops have also been constructed and PECHS has given them notice to vacate the same but such vacation has not been made by them. The Assistant Commissioner, Ferozabad, Karachi (East) was also requested by PECHS to obtain removal of the encroachment from this plot but no assistance was provided by the Assistant Commissioner. In the circumstances, despite notice, no one has put up appearance on behalf of the occupants of plot No.AP-31. In the circumstances, the Assistant Commissioner, Ferozabad, Karachi (East) is directed to remove all encroachments from plot No.AP-31 shown on the Layout Plan of PECHS as a site of a club and to have it vacated. It seems that the club land is not being used by the club and no one from the side of the club has put up appearance in the Court. The Assistant Commissioner, Ferozabad, Karachi (East) shall ensure that this land on having it vacated from all encroachments is converted into a public park and allowed to be used by the public. Tree plantation and laying of grass shall be undertaken by the said Assistant Commissioner and its cost shall be obtained from the Government funds. This action shall be undertaken by the Assistant Commissioner within one week's time and shall submit the report to this Court that not only the encroachment has been removed but also process of laying a park has also been started and photographs of the same shall also be attached with the report. C.M. Appeal No.16 of 2021

23. The Assistant Commissioner shall ensure that the park is properly protected and iron grills on its boundary are affixed so that the people can use it safely for their recreation purposes. This C.M. Appeal is disposed of.

24. The matter regarding Jheel Park, Hill Park Land and Kidney Hill shall be taken up tomorrow i.e. 28.12.2021. The Administrator, KMC is also directed to appear before the Court with its report. C.M.A. No. 1141-K of 2021, C.M.A. No. 1236-K of 2021 in C.M.A. No.941-K of 2020

25. Mr. Khaiid Javed, learned ASC for the Respondents, namely, Muhammad Aslam Abro and Muhammad Akram Abro, requests for adjournment as he states that he could not go through the report, which has been filed by the Deputy Commissioner, Jacobabad in Court today.

26. Adjourned to a date in the next session. Shumail Riaz Malik, Senior Superintendent of Police, Jacobabad, shall ensure that the applicant, namely, Maliha Malik, is allowed safe passage for making appearance before the Court. C.M.A. No.1161-K of 2021 in C.M.A. No.933-K of 2019

27. Notice to the Administrator, Defence Housing Authority, Karachi, for a date in office during the next session. C.M.A. No.510-K of 2021

28. Notice to the learned Advocate General, Sindh for next session. Reports Nos.138-K and 142-K of 2021 in C.M.A. No.773-K of 2021 in C.M.A. No.826-K of 2020, C.M.A. No.1251-K of 2021 in C.M.A. No.522-K of 2020

29. The above-mentioned cases are adjourned for tomorrow i.e. 28.12.2021. MWA/N-20/SC Order accordingly.

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2022 PLP 219 (SCMR) - Pakistan Law Portal (https://paklawportal.com/case/7b652567d0b2)

2022 S C M R 1958 ATTORNEY GENERAL OF CANADA — Appellant Versus COLLINS FAMILY TRUST and another — Respondents
2022 S C M R 1994 Messrs LUCKY CEMENT LTD. through General Manager, Peshawar — Appellant Versus KHYBER PAKHTUNKHWA through Secretary Local Government and Rural Development, Peshawar and others — Respondents
2022 S C M R 1954 ABDUL WAHID — Petitioner Versus The STATE and another — Respondents
2022 S C M R 1950 Mst. FURSAN — Petitioner Versus The STATE — Respondent
2022 S C M R 1946 Rana MUHAMMAD IMRAN NASRULLAH — Petitioner Versus The STATE and others — Respondents
2022 S C M R 1943 Messrs KOHINOOR SPINNING MILLS LTD. — Petitioner Versus COMMISSIONER INLAND REVENUE — Respondent

2022 PLP 219 (SCMR)

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

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2022 PLP 219 (SCMR)

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

Laws Cited

Representation

Headnotes / Summary

Judgment & Decree

Legal Tools

Metadata Directory

Cite & Link (Backlink Generator)

Related Judgments

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