2026 PLP 208 (CLC)

KHALID HYDER SHAH, SENIOR MEMBER.

Through this Revision Application filed under Section 164 of the Sindh Land Revenue Act, 1967, the applicant has impugned the order dated 01-06-2023 passed by the Additional Commissioner-I, Hyderabad Division, whereby the appeal of the applicant was dismissed and the order dated 16-02-2015 passed by the Additional Deputy Commissioner-I, Hyderabad, was maintained. The said order had cancelled mutation Entry No. 2388, dated 30-05-2012, recorded in Deh Form-II of Deh Jamshoro, Taluka Qasimabad, District Hyderabad, in favor of one Ghulam Muhammad Kaleri, concerning two amenity plots admeasuring 3000 Sq. Ft. reserved for a "Culture Center" and a Hospital in "Shahbaz Town Housing Scheme," formed out of Survey Nos. 109, 110, and 645, Deh Jamshoro, Taluka Qasimabad, District Hyderabad.

2. The case papers reveal that Messrs Dr. Roshan Bhatti and other residents of Shahbaz Town Housing Scheme had filed a Miscellaneous Application before the Additional Deputy Commissioner-I, Hyderabad, alleging that the two amenity plots reserved in the approved layout plan for a "Culture Center" and a Hospital had been unlawfully sold by the Builder of the Scheme, Messrs Mehran Arts Industrial and House Building Cooperative Corporation Limited, to one Ghulam Muhammad Kaleri son of Sahib Dino, through Registered Sale Deed No.478 dated 07-02-2012. Consequently, the mutation Entry No. 2388, dated 30-05-2012, was made in his favor in the record of rights. The Additional Deputy Commissioner-I, Hyderabad, converted the said Miscellaneous Application into an appeal and called for a detailed report from the Mukhtiarkar, Taluka Qasimabad, who submitted his findings under Letter No. AM/37 dated 16-01-2015, forwarded through the Assistant Commissioner, Taluka Qasimabad, under endorsement No.59 dated 19-01-2015. After hearing the parties, including providing an opportunity to the subsequent purchasers who chose to remain absent, the Additional Deputy Commissioner-I, Hyderabad, vide order dated 16-02-2015, categorically held that the sale and the corresponding mutation were illegal, being in respect of amenity plots reserved in the approved layout plan for public utility purposes. He, therefore, ordered cancellation of Entry No. 2388 and all subsequent entries related thereto. He further directed the HDA (Hyderabad Development Authority) to Immediately take over possession of the said plots and initiate construction of a dispensary and cultural center for the benefit of the residents. Additionally, an inquiry was ordered to identify the officer(s) or official(s) responsible for issuing any sale certificate in respect of the amenity plots. After the lapse of over three years, an appeal was preferred before the Additional Commissioner-I, Hyderabad Division, by the present applicant, who claimed to be a bona fide purchaser of the same property. The appellate authority entertained the appeal, obtained reports from relevant authorities, and, in particular, sought verification from the Deputy Director, Planning and Development Control, HDA Hyderabad, regarding the approval status of the scheme. The Assistant Director (MP), P&DC HDA, vide letter dated 06-11-2018, confirmed that the scheme had been approved prior to the creation of HDA, by the Town Planning Development, Government of Sindh, on 26-02-1973, and that the subject plots were designated for amenity purposes in the original layout plan. After due consideration, the Additional Commissioner-I, Hyderabad Division, through the Impugned order dated 01-06-2023, upheld the findings of the Additional Deputy Commissioner-I, Hyderabad, and maintained the cancellation of the mutation entry, observing that the sale of an amenity plot was void ab initio, and that the applicant, if aggrieved, may pursue a civil remedy against the Builder for recovery of his paid consideration.

3. The Counsel for the applicant, Mr. Sagar Soni, argued that the applicant purchased the subject property from Ghulam Muhammad Kaleri through Registered Sale Deed No.2020 dated 09-06-2014, after completing all legal and procedural formalities. He submitted that the applicant is a bona fide purchaser for valuable consideration, without notice of any illegality, and hence protected under the law. He further contended that the impugned order of the Additional Commissioner-I, Hyderabad Division, is illegal, contrary to the principles of natural justice, and fails to recognize the applicant's lawful ownership.

4. Upon careful perusal of the record, it is evident that: a. The subject plots were earmarked for public amenities-namely, a "Culture Center" and a "Hospital" as per the approved layout plan of "Shahbaz Town Housing Scheme." The record clearly shows that the Builder unlawfully alienated these amenity plots in contravention of the approved plan, which is impermissible under the law and public policy. The law is well-settled that land reserved for amenity purposes in a sanctioned housing scheme cannot be converted, sold, or utilized for any purpose other than that originally approved by the competent planning authority. Any such transaction is void and confers no title, even upon a subsequent purchaser. b. The Additional Deputy Commissioner-I, Hyderabad, had rightly observed that the sale of amenity plots amounted to an illegality and ordered their restoration to the concerned authority for development of public facilities. c. The Additional Commissioner-I, Hyderabad Division, correctly affirmed this view and held that the purchaser may, if advised, seek civil remedy against the Builder for recovery of his consideration, since the sale itself was null and void. d. The plea of bona fide purchase advanced by the applicant cannot override the public interest or the sanctity of the approved layout plan. The doctrine of bona fide purchaser for value without notice does not apply when the sale itself is prohibited by law or is in respect of property incapable of private ownership. The applicant's claim thus fails to sustain in the face of settled legal principles.

5. It is further observed that no report is available on record regarding the inquiry directed by the Additional Deputy Commissioner-I, Hyderabad, to identify the officer(s)/official(s) responsible for issuance of any sale certificate of the amenity plots. The Deputy Commissioner, Hyderabad, is therefore directed to ensure compliance with that aspect within seven (07) days of receipt of this order and to report to the undersigned regarding the outcome of the inquiry. If no inquiry has been conducted so far, the same shall be initiated forthwith and concluded within the stipulated period.

6. It is further directed that the Director, Town Planning Authority, Sindh, Hyderabad, shall forthwith discharge his statutory duty to safeguard public amenity land and ensure strict compliance with approved layout plans. It is his present and immediate obligation to take all necessary disciplinary, legal, and regulatory actions against the Builder of the Scheme, M/s Mehran Arts Industrial and House Building Cooperative Corporation Limited, who unlawfully sold the amenity plots in violation of the sanctioned plan. The Director shall not treat this matter as a past irregularity but as a continuing Illegality falling squarely within his present jurisdiction, irrespective of the fact that the scheme was approved prior to the creation of HDA. He is therefore mandated to initiate appropriate proceedings, take corrective measures to restore the amenity plots to their original public purpose, and submit a detailed compliance report to this office within fifteen (15) days of receipt of this order.

7. The Deputy Commissioner, Hyderabad, shall also furnish a detailed report within fifteen (15) days clarifying whether the order dated 16-02-2015 passed by the Additional Deputy Commissioner-I, Hyderabad, has been implemented by the HDA or not, and if not, furnish reasons and steps taken for enforcement thereof.

8. In view of the above discussion, it is conclusively established that the sale and corresponding mutation of the amenity plots were unlawful, void ab initio, and against the public interest. Both subordinate authorities have passed well-reasoned and justified orders supported by law and factual record. The applicant's plea of bona fide purchase holds no legal weight in respect of amenity plots that cannot be transferred or owned privately under the governing laws and planning regulations.

9. Accordingly, this Revision Application dated 27-06-2023 filed under Section 164 of the Sindh Land Revenue Act, 1967 is hereby dismissed being devoid of merit. The orders passed by the Additional Commissioner-I, Hyderabad Division, dated 01-06-2023, and the Additional Deputy Commissioner-I, Hyderabad, dated 16-02-2015, are maintained.

10. The directions issued in paragraph above regarding inquiries and compliance by the District Administration and the Director, Town Planning Authority, Sindh, Hyderabad, shall be implemented in letter and spirit within the specified period.

11. Let a copy of this order be forwarded to the Deputy Commissioner Hyderabad and the Director, Town Planning Authority, Sindh, Hyderabad, for information and strict compliance.

12. Announced in open Court on this 03rd day of November, 2025. MQ/14/Rev Revision dismissed.