2022 PLP 152 (SCMR)
NIAMATULLAH KHAN ADVOCATE and others — Petitioners/Appellants Versus FEDERATION OF PAKISTAN and others — Respondents
| Citation | 2022 PLP 152 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Gulzar Ahmed, C.J., Ijaz ul Ahsan and Qazi Muhammad Amin Ahmed, JJ |
| Parties | NIAMATULLAH KHAN ADVOCATE and others — Petitioners/Appellants Versus FEDERATION OF PAKISTAN and others — Respondents |
| Primary Law | (b) Constitution of Pakistan, (c) Constitution of Pakistan, (d) Cantonments Act (II of 1924) |
Q1: What are the key laws and sections cited in 2022 PLP 152 (SCMR)?
This judgment primarily cites: (b) Constitution of Pakistan, (c) Constitution of Pakistan, (d) Cantonments Act (II of 1924), (a) Constitution of Pakistan as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2022 PLP 152 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Gulzar Ahmed, C.J., Ijaz ul Ahsan and Qazi Muhammad Amin Ahmed, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2022 PLP 152 (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
Representation
- ----Art. 184(3)---Matter relating demolition of a multi-storey building "Tejori Heights" built on land ownership for which could not prove by its builders---Demolition of said building on the directions of the Supreme Court---Although the concerned Commissioner stated that the building had been demolished but no report had been submitted by the Commissioner nor the requisite record pertaining to taking away of the files by the builder from its office premises located at Tejori Heights, had been filed before the Court---Supreme Court directed that the Commissioner shall submit the report and shall also be present in Court on the next date of hearing; that the photographs showing that Tejori Heights had been demolished shall be attached by the Commissioner.
- ----Art. 184(3)---Matters relating to a private club built on Civil Aviation's Authority's land; encroachment upon different lands in Karachi city meant for parks and playgrounds; plots belonging to Karachi Cooperative Housing Societies Union shown as amenity plots in the original layout plan allotted/leased out by the Union to private persons for commercial exploitation; construction of a multi-storey building "Al-Bari Towers on land meant for parks/playgrounds; amenity plot by the name of 'Gutter Baghiacha" meant for building a park illegally allotted/transferred to KMC Cooperative Housing Society for making a housing society; restoration of four lakes in Karachi city including two in Jheel park---Supreme Court issued relevant directions to the concerned authorities and officials to file their reports with regard to the matters highlighted and also directed some officials to appear before the Court on the next date of hearing to address the matters.
- Abid S. Zubari, Advocate Supreme Court with K.A. Wahab, Advocate-on-Record, Anwar Mansoor Khan, Senior Advocate Supreme Court, Ms. Umaimah Anwar Khan, Advocate Supreme Court, Syed Ashikue Raza, Advocate Supreme Court with Ms. Abida Parveen Channar, Advocate-on-Record, Raja Qasit Nawaz Khan Advocate Supreme Court with Abdul Qadir Khan, Advocate-on-Record, Khawaja Shams-ul-Islam, Advocate Supreme Court, Mazhar Ali B. Chohan, Advocate-on-Record/Advocate Supreme Court, Syed Abdul Waheed, 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, Ijaz Hussain Jakhrani, Sajjad Hussain Jakhrani, Abdul Sattar Pirzada, Advocate Supreme Court, Muhammad Sohail Hayat Khan, Advocate Supreme Court, Khawaja Naveed Ahmed, Advocate Supreme Court, Ms. Maliha Malik, Muhammad Saleem Mangrio, Advocate Supreme Court, Salahuddin Ahmed, Advocate Supreme Court, Asim Iqbal Advocate Supreme Court along with Akhtar Hussain, Advocate Supreme Court, Mukesh Kumar G. Karara, Advocate Supreme Court, Khalid Javed, Advocate Supreme Court along with Aslam Abro, Arshad M. Tayyabali, 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 CRIMINAL ORIGINAL PETITION NO. 9-K OF 2021, [Syeda Maria Raza v. Government of Sindh through Chief Secretary Sindh and others (regarding illegal encroachment over drainage river of Haji Limo Village at Gulshan-e-Iqbal)] AND C.M.A. NO.441-K OF 2021, [Niamatullah Khan Advocate v. Federation of Pakistan and others (matter regarding illegal Faiz Muhammad v. Province of Sindh through Chief Secretary and others (regarding illegal encroachment over, drainage river of Haji Limo Village at Gulshan-e-Iqbaf.)] AND C.M.A. No.1083-K OF 2021, [Niamatullah Khan Advocate v. Federation of Pakistan and others (For seeking direction for removal of encroachment on Gujjar Nalla and Orangi Nala)] AND C.M.A. No.1112-K OF 2021 IN C.R.P. NO.61-K OF 2021. [Shehri and others v. Niamatuliah Khan and others (Matter regarding encroachment over Gujjar Nalla and Orngi Nalla)] AND C.M.A. No.774-K OF 2021, [Civil Aviation Authority v. Federation of Pakistan and others (Applicant has alleged that Government of Sindh has allotted 209 acres land in 1990 to CAA for construction of new Airport but some officials of GOS are illegally allotting and creating Surveys Nos. from said land)] AND C.M.A. No.522-K OF 2020 IN CONST. P. No.9 OF 2010, [Waleed Ahmed and others v. Federation of Pakistan and others (Plot Nos.SNPA-21-D and SNPA-23, both are public amenities plots and meant for "Park" and the same are used for marriage /commercial activities)] AND CRL.M.A. No.59-K OF 2018, [Application for Intervener filed by Mr. Ghulam Rasool Mangi, Advocate-on-Record on behalf of applicant namely, Shah Mohammad (against encroachment made around Ziauddin Hospital, Clifton Karachi by its management and false cases registered against applicant)] AND C.M.A. No.1062-K OF 2021, [Dr. Sadia Rasool Virk v. Federation of Pakistan and others (Reply to Show Cuase Notice on behalf of South City Hospital)] AND C.M.A. No.1064-K OF 2021, [Messrs SouthCityHospital (Pvt.) Limited v. Federation of Pakistan and others (Reply to Show Cause Notice on behalf of South City Hospital)] AND C.M.A. NO.941-K OF 2020, [Niamatullah Khan Advocate v. ederation of Pakistan and others (regarding encroachment in Jacobabad at various government lands i.e. amenities, parks etc. by influential persons)] AND C.M.A. NO.NO.1114-K OF 2021, [Ms. Maliha Malik v. Federation of Pakistan (statement of Mr. Aijaz Hussain Jakhrani and Sajjad Hussain Jakhrani)] AND C.M.A. No.775-K OF 2021, [Muhammad Akram Abro v. Federation of Pakistan and others (Applicant has prayed for the correction of order dated 16.06.2021 whereby he has requested to read name hotel mairaj instead of Hotel Hermain)] AND C.M.A. NO.698-K OF 2021, [Messrs A.A. Joy Land (Pvt.) Ltd. v. Federation of Pakistan and others (matter pertains to Aladin Park)] AND C.M.A. No.1000-K OF 2021, [Niamatullah Khan and others. v. Federation of Pakistan and others (matter regarding Aladin Park)] AND C.M.A. No.74-K OF 2020 IN CONST. P. No.9 OF 2010, [Application for intervener filed on behalf of Sindh High Court Bar Association through its Honourary Secretary (regarding parking space at High Court of Sindh)] AND C.M.A. NO.86-K OF 2020 IN CONST.P.NO.9 OF 2010, [Messrs Ishaq Enterprises v. Federation of Pakistan and others (concise statement with regard to allotment of COMM-3)] AND C.M.A. No.711-K OF 2020 IN CONST.P. NO.9 OF 2010, [Messrs Ishaq Enterprises v. Federation of Pakistan and others (objecti filed on C.M.A. No.86-K of 2020)] AND CRP NO.57-K OF 2021, [Asian Pacific Alliance of YMCAs v. Federation of Pakistan and othe (matter pertains to YMCA Ground)] AND CRL.ORG.P.NO.8-K OF 2021, [Abu Turab v. Syed Mumtaz Ali Shah and others (matter regarding Kidney Hill Land)] AND C.M.A. NO.391-K OF 2020 IN CONST.P.NO.9 OF 2010, [Abu Turab v. Federation of Pakistan and others (regarding illegal consttuctions inside of Kidney Hill Land situated at Faran' Society, Barrister Ahmed Road near Dhooraji Colony, Karachi)] AND C.M.A. NO.714-K OF 2020 IN CONST.P.NO.9 OF 2010, [Niamatullah Khan v. Federation of Pakistan and others (mater regarding Al-Fatah Masjid Admeasuring 1400 Sq. Yards at Kidney Hill Ahmed Ali Park, Faran Society, Karachi)] AND C.M.A. NO.424-K of 2021, [Mr. Ibrahim Younus and other:;. v. Federation of Pakistan and others (Kidney Hill Park Land)] AND C.M.A. NO.437-K OF 2021, [Niamatullah Khan v. Federation of Pakistan and others (matter , regarding various plots at Overseas Cooperative Housing Society lies adjacent to Kidney Hill Park)] AND C.M.A. NO.438-K OF 2021, [Niamatullah Khan Advocate v. Federation of Pakistan and others (matter regarding various plots at Overseas Cooperative Housing Society lies adjacent to Kidney Hill Park)] AND C.M.A. NO.515-K OF 2021, (Ibrar Hassan v. Federation of Pakistan and others (matter pertains to Kidney Hill Park)] AND CRL.ORG.P.NO.13-K OF 2021, [Mrs: Gul Nilofer and another v. Major (R) Naveed Ahmed Khan and others] AND CRL.ORG.P.NO.14-K OF 2021, [Mrs. Shabnum Humayun v. Federation of Pakistan and others (matter regarding Hill Park)] AND CRL.MA NO.229-K OF 2018 IN CRL.ORG.P.NO.7-K OF 2017, [Application for intervener filed by Mr. Ghulam Qadir Jatoi, Advocate-on-Record on behalf of KDA Officer Club (Against illegal and unconstitutional partial demolition on the premises of the applicant at Plot No.ST-6, Of Kashmir Road, Karachi)] AND C.M.A. NO.621-K OF 2021, [Niamatullah Khan Advocate v. Federation of Pakistan and others. (report regarding KCR, in compliance of order dated 08.04.2021 filed by D.G. FWO)] AND C.M.A. NO.167-K OF 2020, [Application for intervener IV ed by Syed Muhammad Iqbai. Kazmi. (the matter regarding KCR project and demolishing of illegal construction in Karachi)] AND C.M.A. NO.367-K OF 2020 IN CONST.P.NO.9 OF-2010, [Shamim Ahmed Siddiqui `s. Federation of Pakistan and others (regarding encroachment over railway land/Safari Pazk)] AND C.M.A. NO.177-K OF 2020, ---rnpplication for intervener filed by Farhad Younus Memon. (The matter regarding 650 cciistructed Houses in Project No.7 (PRECHS) near Gillani Station Gulshan-e-Iqbal, Karachi] AND C.M.A.. NO.898-K OF 2020, [Pakistan Railways through Divisional Superintendent v.Federation of Pakistan and others (matter regarding encroachment over Pakistan Railway Land and Revival of KCR)] AND C.M.A. NO.1124-K OF 2021 IN C.R.P. NIL-K OF 2021 IN C.M.A. NO.277-K OF 2021 IN C.R.P. NIL-K OF 2021 IN C.M.A. NO.898-K OF 2021, [Federation of Pakistan through Secretary/ Chairman Railways v. Messrs Karachi Town Builders (regarding encroachment over PakistanRailwayLand and revival of KCR) (Tejori Heights/Tower)] AND C.M.A. NO.541-K OF 2020, [Muhammad Ahmed Khan and others. v. Federation of Pakistan and others (matter regarding Pakistan Railway Employees Cooperative Housing Society))] AND C.M.A. NO.630-K OF 2020, [Pakistan Railway Employees Cooperative Housing Society Limited v. Federation of Pakistan and others (the matter pertains to encroachment over RailwayLand on account of Railway Cooperative Housing Society)] AND C.M.A. NO.1110-K OF 2021, [Application on behalf of Divisional Superintendent through Deputy Director Railways against Messrs Labaik CNG Station Hyderabad and others (matter regarding encroachment over Railway's land at Hyderabad)] AND C.M. APPEAL NO.37 OF 2021 IN CRP NO.7-K OF 2020 IN C.M.A. NO.690-K OF 201,9 IN CONST.P.NO.9 OF 2010, [Messrs Quality Builders v. Federation of Pakistan and others (for grant of time to remove and take away the materials from building)] AND C.M.A. NO.1004-K OF 2021, [Muhammad Zohaib Ather v. Federation of Pakistan and others (Matter regarding Royal Pak Project)] AND C.M.A. NO.770-K OF 2020, [Matter regarding non-supply of water through already decided water lines in DHA, Karachi] AND CRL.M.A.NO.52-K OF 2018, [Application for Intervener filed by Muhammad Asif Shafi against seeking direction for demolition of illegal construction on plot No.70-A, Sindh Muslim Cooperative Housing Society, Karachi (Multi-Storey Building)] AND C.M.A. NO.631-K OF 2019 IN CONST.P.NO.9 OF 2010, [Application for intervener filed by Mrs. Nelofar Abbasey v. (illegal construction is carried out by King Builders over Private Park/Amenity Plot] AND C.M.A. NO.78-K OF 2020 IN CONST. P. NO.9 OF 2010, [Application for intervener filed on behalf of Muhammad Talha and Mansoor Sharif Hamid v. (regarding high rise building on amenity plot)] AND C.M.A. NO.523-K OF 2020 IN CONST.P.NO.9 OF 2010, [Muhammad Waseem Samoo v. Federation of Pakistan and others (matter regarding King Cottage Bagh-e-Qamar situated at Scheme No.36, Gulshan-e-Johar, Karachi)] AND C.M.A. NO.83-K OF 2020 IN CONST.P.NO.9 OF 2010, [Application for intervener filed on behalf of Pakistan Mercantile Exchange Ltd. And NCEL Building Management Ltd. v. (regarding Hyatt Pegency Hotel)] AND C.M.A. NO.512-K OF 2020 IN CONST.P.NO.9 OF 2010, [Application for intervener filed by Mst.Yasmeen Lari (regarding Karachi Gymkhana)] AND C.M.A. NO.594 K OF 2020 IN CONST.P.NO.9 OF 2010, [Messrs Madrasa Tahfeezul Quraan Al Karim v. Federation of Pakistan and others (matter regarding illegally constructed 18 floor building in a very sensitive area near Police Head Quarter at Garden Area)] AND C.M.A. NO.617-K OF 2019 IN CONST.P.NO.9 OF 2010 [Application for intervener filed bv Venu G. Advani (illegal conversion of plot from residential into commercial locals Block 4, Scheme-5, Clifton Karachi)] AND C.M.A. NO.889-K OF 2019 IN CONST.P.NO.9 OF 2010, [Application for intervener filed on behalf of Pakistan Post through Postmaster General, Karachi v. (regarding ownership of P and T Colony also declared as Katchi Abadi)] AND CRP NO.28-K OF 2020 IN CONST.P.NO.9 OF 2010, [K-Electric Limited v. Federation of Pakistan and others (matter regarding fatal incidents resulting from electrocution in the service territory of K-Electric)] AND C.M.A. NO.1037-K OF 2021, [Naveed Ahmed Khan v. Federation of Pakistan and others (illegal usage of land of Askari Park for Commercial Activities and Marriage Hall)] AND C.M.A. NO.1095-K OF 2021, [Muhammad Imran v. Federation of Pakistan and others (matter regarding Food Street at Burns Road)] AND C.M.A. 140.1123-K OF 2021, [Kelash Kumar v. Federation of Pakistan and others (matter regarding encroachment over Hindu Temples/ Mandirs)] AND C.M.A. NO.940-K OF 2020, [Muhammad Yousaf v. Federation of Pakistan and others (regarding ntSugarcane Crushing MachiJ.,e situated at Hasrat Mohani Road, near Cafe Victory, Karachi)] AND CRL. M.A.121-K OF 2017 IN CRL.ORG,P.NO.7-K OF 2017, [Application for intervener filed by Muhammad Essa v. (60 Feets land reserved for Bus Stop divided into 80 Sq. Yd. Plots-China Cutting Plot)] AND CRL.MA NO.38-K OF 2018 IN CRL.ORG.P.NO.7-K OF 2017, [Application for intervener filed by applicant namely, Akbar Hussain v. (against China Cutting of plots by manipulated documents of Plot No.R-160/4 86R-160/5, Sector 11, North Karachi. Fabricated against master plan, as these are amenity plots for Bus Stop/ Car Parking/ Green Belt etc.)] AND C.M.A. NO.423-K OF 2019 IN CONST.P.NO.9 OF 2010, [Application for intervener filed by Porf. Dr. Muhammad Shahid Hussain v. (encroachment over public road in between St.6 to St.8, Gulshan-e-Iqbal, Block 4, KDA, Scheme-24, Karachi)] AND C.M.A. NO.179-K OF 2020, [Application for intervener filed on behalf of Rashid Ali v. (against demolishing/ sealing order of Friends Petrol Pump (Shell) on plot No.PP-1, Survey No.35, Pakistan Employees Cooperative Housing Society, Shahrah--Quaideen, Karachi)] AND C.P.NO.422-K OF 2020, [Mst. Zahida Naz v. Province of Sindh and others (petitioners have challenged the purported commercialization of the residential Plot No.A/216, Block C, Unit No.2, Latifabad, Hyderabad and its amalgamation with an amenity plot)] AND C.M.A. NO.767-K OF 2020 IN CONST.P.NO.9 OF 2010, [Syed Masood Ahmed and others v. Federation of Pakistan and others (Defence Officers Housing Authority has been and its illegally converting various plots to used others than its original use)] AND C.P. NO.92-K OF 2010, [Karachi Chamber of Commerce and Industry v. Karachi Metropolitan Corporation and others (Conversion of residential land it into commercial i.e. Plot No.79, Survey Street No.C-F 1-5, Old Clifton, KDA Scheme-5, Karachi] AND C.P. No.93-K OF 2010, [Karachi Chamber of Commerce and Industry v. Karachi. Metropolitan Corporation and others (Conversion of residential land into commercial i.e. Plot No. 79, Survey Street No.C F 1-5, Old Clifton, KDA Scheme-5, Karachi] AND CRL.ORG. P.NO.19-K OF 2017 IN CRL.ORG.P.NO.7 OF 2017, [Ghulam Muhiyuddin v. Province of Sindh through Secretary Local Governmnet and others (matter pertains to 35,000 plots at 112 sites of KDA Schemes/Townships will be got vacated and recovered and put to use for which they were originally meant in master plan)] AND CRL.MA NO.124-K OF 2017 IN CRL.ORG.P.NO.7-K OF 2017, [Application for intervener filed by Muhammad Ismail Shaheedi v. (regarding lands illegally occupied by land grabbers in Karachi)] AND CRL. MA NO.132-K OF 2017 IN CRL.ORG.P.NO.7-K OF 2017, [Application for intervener filed by Advocate-on-Record for the applicant Anjuman-e-Kalayna v. (Amenity plot allotted for Kalayana Community Centre at North Karachi as illegally demolished by respondent)] AND CRL.MA NO.111-K OF 2018 IN CRL.MA NO.132-K OF 2017 IN CRL.ORG.P, NO.7-K OF 2017, [Application for withdrawal filed by in person namely Anjuman-e- Kalayana through its President)] AND CRL.MA NO.243-K OF 2018 IN CRL.MA NO.8-K OF 201g TN CRL.ORC.P.NO.7-K OF 2017, [Application for withdrawal filed by in person, namely, Anjuman-e- Sadat-e-Amroha through its President] AND CRL.MA NO.8-K OF 2018 IN CRL.ORG.P.NO.7-K OF 2017, [Application for intervener filed on behalf of Anjuman Sadat-e- Amroha v. (for restraining from demolishing further construction stanton the applicant plot which was allotted by KDA to Anjuman on AND CRL.MA NO.19-K OF 2018 IN CRL.ORG.P.NO.7-K OF 2017, [Application for intervener filed by Mr. A.S.K. Ghori, Advocate-nn-Recordon behalf of applicant namely, Muhammad Jaffar v. (for removal of encroachment and unauthorized illegal construction around Saddar and Katrak Road Karachi and has also requested that order dated 29.11.2017 be enlarged and stretch to encompass the Cantonment Area)] AND CRL. M.A. NO.20-K OF 2018 IN CRL.ORG.P.NO.7-K OF 2017, [Application for intervener filed by Muhammad Races v. (regarding encroachment on applicant's plot by construction boundary wall thereon by Mr. Hussain Rajpar, Land Grabber)] AND CRL.MA NO.72-K OF 2018 IN CRL.ORG.P.NO.7-K OF 2017, [Application for intervener filed by Mr. Mazhar Ali B.Chohan, Advocate-on-Record on behalf of Anjuman-e-Musalman-e-Kalayana v. (seeking direction to restrain KDA and SBCA not to demolish Girls College, Girls School, Coaching Centre and Medical Centre established on amenity plot)] AND C.M.A. NO.59-K OF 2019 IN CONST.P.NO.9 OF 2010, [Application for intervener filed by Syed Arif Shah v. (encroachment on amenity plot allotted at Orangi for establishing Muslim Missionary College and Allied Institutions)] AND C.M.A. NO.349-K OF 2019, [Application for intervener filed on behalf of Public Interest Law Association of Pakistan v. (for seeking direction of this Court to have Amenity Plots of Karachi developed with parks and playground with the coordination of the relevant authorities)] AND C.M.A. NO.875-K OF 2019 IN CONST.P.NO.9 OF 2010, [Application for intervener filed by Muhammad Saleem Qureshi v. (regarding cancellation of false and fabricated lease granted on amenity plot at Bihar Colony, Layari)] AND C.M.A. NO.933-K OF 2019 IN CONST.P.NO.9 OF 2010, [Application for intervener filed by Mrs. Mahamadi v. (regarding demolishing of all illegal construction and usage of public property on main Korangi service road)] AND C.M. APPEAL NO.139 OF 2020 IN C.M.A. NO.NIL OF 2020 IN C.M.A. NO.933-K OF 2019 IN CONST.P.NO.9 OF 2010, (Samira Mahamadi v. The Registrar, Supreme Court of Pakistan (for correction of order dated 13.08.2020)] AND C.M.A. NO.202-K OF 2020, [Application for intervener filed on behalf of AVA Aildeshir Cowasjee (regarding allotment of Plot No.9B, GKI, Ghulam Hussain Kasim Quarters Karachi, which was designated for the purpose of ejector sump pump by KW8&SB)] AND C.M.A. NO.281-K OF 2020, [Application for intervener filed on behalf of the Karachi Goan Association (Applicant has alleged that Plot No.J.M.1 /79, Jamshect Quarters, was allotted for Establishment of Gymkhana, but KIDCL has issued a letter for possession of said property for establishment of camp office for Green Line BRTS)] AND CRL.MA NO.32-K OF 2018, [Application for intervener filed by Mr. Ghulam Qadir Jatoi, Advocate-on-Record (Applicant has paid all dues on account of a plot in new Malir Housing Scheme No.1, instead of issuing allotment order a notice recived to him for payment of Rs.40000, on objection he was intimated that said amount is required for grid station)] AND CRL. MA NO.1-K OF 2019, [Application for intervener filed by Mr. Mazhar Ali B. Chohan, Advocate-on-Record on behalf of Moulana Muhammad Ali Johar Memorial Cooperative Housing Society (seeking direction for removal of encroachment from the plot of applicant seciety i.e. Mollana Muhammad Ali Johar Memorial Cooperative Housing Society)] AND CRL. M.A. No.34-K/2020, [Application for intervener filed by Mr. Ghulam Rasool Mangi, Advocate-on-Record on behalf of Messrs Fatima Jinnah Dental College and Hospital Trust (matter pertains to non-profitable educational institution/trust for ,Dental Collage/ Medical and Dispensary p-w-pose on plot No.AM/ 1 /B at Bhittai Colony "Amenity Plot"] AND C.M.A. No.761-K OF 2020, [Abdul Haq Abbasi v. Federation of Pakistan, etc. (matter regarding encroached over state property (i.e. Street/Road) situated at Sindh GOR-II, Muslim Society Karachi)] AND C.M.A. No.808-K of 2020 IN C.M.A. No.459-K of 2020, [Muhammad Ameer Shah v. Federation of Pakistaki and others (Applicant alleged that illegal occupants have encroached over 2000 million road at North Karachi which cause inconvenience to the peoples of said areas)] AND C.M. APPEAL NO.16 OF 2021 IN CONST.P.NO.9 OF 2010, [Haji Abdul Razziq Khan v. Federation of Pakistan and others (Applicant has alleged that some persons along with Society Member have encroached upon park and Club Land "Amenity Plot at PECHS")] AND C.M.A. NO.782-K OF 2021, [Malik Jameel Ali v. Federation of Pakistan and others (matter regarding Custom Preventive Service Cooperative Housing Society and removal of encroachment from Green Belt from parking area and service road)] AND C.P. NO.599-K OF 2021, [Mumtaz A. Qureshi v. The Province of Sindh and others (matter pertains to encroachment upon the gardens/parts, amenity plots playground and Footpath in the city of Nawabshah/Shaheed Benazirabad)] AND C.M.A. NO.1014-K OF 2021, [Muhammad Kabeer Malik and others v. Province of Sindh and others (matter pertains to encroachment upon the gardens/parks, amenity plots, playground and Footpath in the city of Nawabshah/Sheheed Benazirabad)] AND VIA NO.966-K OF 2021 IN CRP NO.NIL-K OF 2021 IN CONST.P.NO.9 K OF 2010, it [Azhar Ahsan Thanvi v. Federation of Pakistan as others (matter regarding encroachment over Plot No.ST-14)] AND C.M.A. NO.1006-K OF 2021, [Azhar Ahsan Thanvi v. Federation of Pakistan and others (mattn- regarding encroachment over Plot No.ST-14)] AND C.M.A. NO.1040-K OF 2021, (Application for withdrawal of earlier) AND C.M.A. No.1006-K OF 2021, [Azhar Ahsan Thanvi v. Federation of Pakistan and others (matter regarding encroachment over Plot No.ST-14)] AND C.M.A. NO.971-K OF 2021 IN CRP NO.NIL-K OF 2021 IN CONST.P.NO.9 OF 2010, [Muhammad Khan Parhar and others. v. Federation of Pakistan and others (matter regarding encroachment over Plot No.ST-14)] AND CRL.ORG.P. NO.10-K OF 2021, [Muhammad Irfan v. Federation of Pakistan and others (matter regarding encroachment over 51 Plots of Gulistan-e-Johar)] AND C.M.A. NO.1097-K OF 2021, [Ideal (Private) Limited v. Federation of Pakistan (matter regarding encroachment over Amenity Plots and ST-13 on account of Sanad with respect of some Haji Ibrahim Panhwar Goth) (Korangi Industrial Area)] AND CRL.MA NO.71-K OF 2018 IN CRL.ORG.P.NO.7-K OF 2017, [Application for intervener filed by Muhammad Hussain, in person (against encroachment by the land grabber on 51 Plots of the applicant at Sector 51-C, Korangi Township, Karachi)] AND CRL.MA NO.95-K OF 2018 IN CRL.ORG.P.NO.7-K OF 2017, [Application for intervener filed by Imdad Hussain, applicant in person (against notice issued by the KDA for demolition/vacating of the house of applicant i.e, House No.318, Sector 6-B, Mehran Town, Korangi Industrial Area, Karachi)] AND CLR.MA NO.214-K OF 2018 IN CRL.ORG.P.NO.7-K OF 2017, Application for intervener filed oy Salman Muhammad (for seeking directions to stop Anti-encroachment operation against the poor villagers Gulshan-e-Saiful Mance, Sector 8, Scheme 41, Surjani Town, Karachi)] AND CRL.M.A. NO.2-K OF 2019 IN CRL.ORG.P NO.7-K OF 2017, (Application for intervener filed by Muhammad Farhan (against illegal demolition of the lawful construction on the plot owned by applicant, as it was offered by KDA illegally in compensation to Mst.Sabtha Parveen)] AND C.M.A. NO.521-K OF 2019 IN CONST.P.NO.9 OF 2010, [Application for intervener filed by Murtaza Ali (regarding illegal encroachment on Plots No.33 and 34, PR-II, Preedy Quarters, Karachi)] AND C.M.A. NO.527-K OF 2019 IN CONST.P.NO.9 OF 2010, [Application for intervener filed by Advocate Aqeel Hassan Khan (illegal construction of Masjid on Plot No.R-07, Longlife Bungalows Block-17, Gulistan-e-Johar)] AND C.M.A. NO.162-K OF 2020, [Application for intervener filed on behalf of Ms.Muneera Khatoon (against illegal encroachment over plots bearing Nos.46-F and 46-G, situated at Bihar Colony, Shah Abdul Latif Bhittai Road, Karachi)] AND C.M.A. NO.193-K OF 2020 IN CONST.P.NO.9 OF 2010, [Application for intervener filed by Khawaja Muhammad Asghar (regarding encroachment of Plots No.B-100 86B-113, Block-JO, Gulistan-e-Johar, Karachi)] AND C.M.A. NO.762-K OF 2020, [Syed Khurram Iqbal v. Federation of Pakistan and others (matter pertains to encroached land situated in Aligarh Muslim University Old Boys Cooperative Housing Society Ltd., Gulzar-e-Hijri Scheme No.33)] AND C.M.A. NO.425-K OF 2019 IN CONST.P.NO.9 OF 2010, [Application for intervener filed on behalf of Muhammad Jibran Nasir and others (matter regarding discrimination and grievances with regard to anti-encroachment operation in Karachi)] AND CRL.ORG.P.NO.5-K OF 2020 IN CONST.P.NO.9 OF 2010, [Mohammad Jibran Nasir 8; others. v. Mr. Habib ur Rehmari. Gillani and others (matter pertains to resettlement and rehabilitation plan for the affectees who have been disposed or dislocated due to the anti-encroachment drive)[ AND C.M.A. NO.809-K OF 2020 IN C.M.A. NO.460-K,OF 2019 IN CONST.AP.NO.9 OF 2010, [Yousuf Masih v. Federation of Pakistan and others (regarding grievances of people of Salman Brohi Goth as they apprehend to be disposed/vacated from the land in question)] AND C.M.A. NO.82-K OF 2020, [Application for intervener filed by Syed Mehmood Akhtar Naqvi (regarding corruption allegations against mentioned officials of SBCA and highlighted the illegal construction. and encroachment certain areas of Karachi)] AND C.M.A. NO.336-K OF 2020 IN CONST.P.NO.9 OF 2010, [Mr. Imran Ayub Khan Advocate v. Federation of Pakistan others (issue regarding title documents the people living at Allah Bux Goth registered as Kachiabadi)] AND CRL. ORG.P. NO.1-K OF 2020 IN CONST.P NO.9 OF 2010. [Syed Mehmood Akhtar Naqvi v. Qazi Shahid Pervaiz, Sr. Member Board of Revenue, Government of Sindh and others)] AND C.M.A. NO.510-K of 2021, [Muhammad Ashraf Samoo. v. Province of Sindh and others (applicant has pointed out various issues i.e, corruption, violation of fundamental rights etc.)] AND C.M.A. NO.300-K OF 2020 IN CONST.P.NO.9 OF 2010, [Niamatullah Khan Advocate v. Federation of Pakistan and others (statement of the amicus curiae from "Salahuddin Ahmed, Advocate Supreme Court)] AND C.M.A. NO.414-K OF 2020 IN CONST.P.NO.9 OF 2010, [Niamatullah Khan Advocate v. The Province of Sindh and another (for extension of time for compliance of orders)] AND REPORT NO.7-K OF 2021, [Report filed on behalf of Chief Minister, Sindh through Advocate-on-Record in compliance of Court order dated 09.05.2019 v. Federation of Pakistan and others)] AND REPORT NO.76-K OF 2021, [Report filed by on behalf of Chief Minister, Sindh through Advocate-on-Record, Shehri. and others v. Naimatullah Khan and others], decided on 24th November, 2021.
- Muhammad Iqbal Memon, Commissioner Karachi, Khaqan Murtaaza, DG CAA, Shakeel Ahmed Durrani, Addl.D.G.FIA Karachi South, Khalid Mehmood Siddiqi, Advocate Supreme Court, Ms. Ambar Alibhai and Sheri Citizen. Murtaza Wahab, Adminstrator KMC.
- Raja Qasit Nawaz Khan Advocate Supreme Court for Messrs Bahaduryar for Jang Cooperative Housing Society.
- Abdul Sattar Pirzada Advocate Supreme Court (in C.M.A. 522-K/ 2020).
- Salman Talib ud Din, Advocate General, Sindh, Saulat Rizvi, Additional A.G. Sindh, Dr. Saeed Ahmed Qureshi, Focal Person to Chief Secretary, Mazhar Hussain Alvi, AIG Legal and Najam Ahmed Shah, Secretary Local Government for the Government of Sindh.
- Babar Ali, Advocate Supreme Court for F.W.O.
- Umar Lakhani, Advocate Supreme Court, Murtaza Wahab, Administrator, Azra Muqeem, Legal Advisor, Afzal Zaidi, M/C and Azhar Muqeem, Legal Advisor for KMC.
- Adil Rafi, Director, Military Land and Cantonment, Karachi, M. Saleem Hassan, CEO, Clifton Cantonment, M. Farque, Military Estate Officer, Karachi, Omer Masoom Wazir, CEO, Korangi Cantonment, Barrister M. Omer Riaz, Advocate Supreme Court on behalf of Cantonment Board, Rana Khawar Iftikhar, CEO and Faisal Qazi Rizwan Ahmed, CEO, Karachi, Cantonment for Cantonments.
- 17. Learned Advocate General, Sindh has been put on notice and asked to show how these challans, which show deposit of amounts in the year 2020-2021, could be justified by the Sindh Board of Revenue, more particularly, where this Court in order dated 28.11.2012 passed in SMC No.16 of 2011 and subsequent order dated 07.08.2019 passed in C.M.A. No.3225 of 2013 etc., has pointed out that apparently no private sale of Government land is permissible in law, except for public purposes, whereas these challans show that the said allotments have not been made for public purposes, rather the private persons for other purposes such as housing, commercial and industrial. Copies of these challans be handed over to the learned Advocate General, Sindh.
- 26. Notice be also issued to the learned Attorney General for Pakistan and also to the learned Advocate General, Sindh as to how the park's land is being used for commercial activities.
- 28. In the circumstances, notice be issued to the learned Attorney General for Pakistan so also the learned Advocate General, Sindh under Order XXVII-A of C.P.C.
Headnotes / Summary
Art. 184(3)
Matter relating to construction of fifteen storey "Nasla Tower" built illegally on encroached land meant for a service road
Demolition of said tower on the directions of the Supreme Court
Concerned Commissioner had been directed to immediately commence the demolition work of the tower and achieve the total demolition thereof and clearance of debris as soon as possible
Commissioner submitted a report in court regarding demolition of the tower
Supreme Court observed that the said report was altogether unsatisfactory and was rejected; that the Commissioner had not complied with the one weeks' time line given by the Supreme Court for demolition of the building, which merited action against the Commissioner for defiance of the Court's orders
Supreme Court directed that the Commissioner shall ensure that compliance of the Court's orders regarding demolition of the building was made.
S. 3(1)
Cantonment Land Administration Rules, 1937, Chapt. V
Cantonment land
Cantonments' lands, which were allotted or leased by the Federal Government or the Provincial Government were meant to be used as strategic lands for defence purposes and its activities
Nature of land and its title, apparently, could not be changed and given a private status
Conversion of cantonment land into private land, seemed contrary to the very mandate of the Cantonments Act, 1924 and the Land Administration Control Rules, 1937 and was also in violation of the Constitutional provisions
If any law or rule was made contrary to such mandate, the same would be ultra vires the Cantonments Act, 1924 and the Constitution. In attendance: Muhammad Iqbal Memon, Commissioner Karachi, Khaqan Murtaaza, DG CAA, Shakeel Ahmed Durrani, Addl.D.G.FIA Karachi South, Khalid Mehmood Siddiqi, Advocate Supreme Court, Ms. Ambar Alibhai and Sheri Citizen. Murtaza Wahab, Adminstrator KMC. Haji Abdul Raziq, (Applicant in C.M.A.-21 16/21). Raja Qasit Nawaz Khan Advocate Supreme Court for Messrs Bahaduryar for Jang Cooperative Housing Society. Abdul Sattar Pirzada Advocate Supreme Court (in C.M.A. 522-K/ 2020). Asif Ali Memon, DG KDA, Adil Rafi, Director Military Lands, Abdul Haleem Jagrani, Administrator DMC West, Muhammad Waseem Soomro, MC Commissioner West, Rehmat Ali Shaikh, Administrator DMC East, M. Faheem Khan, MC Commissioner East, Dr. Afsheen Rubab, Administrator DMC South and Akhtar Ali Shaikh, MC Commissioner South. Kashif Sarwar Paracha, Additiona A.G.P. on Court's Notice for the Federations. Salman Talib ud Din, Advocate General, Sindh, Saulat Rizvi, Additional A.G. Sindh, Dr. Saeed Ahmed Qureshi, Focal Person to Chief Secretary, Mazhar Hussain Alvi, AIG Legal and Najam Ahmed Shah, Secretary Local Government for the Government of Sindh. Babar Ali, Advocate Supreme Court for F.W.O. Habib ur Rehman Gillani, Secretary Railways, Ameer Muhammad Da.udpota, D.G. 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. Ghulam Nabi Karejo, SSP (South) for Traffic Police. Karam Din Junejo, Nazir, High Court of Sindh. Umar Lakhani, Advocate Supreme Court, Murtaza Wahab, Administrator, Azra Muqeem, Legal Advisor, Afzal Zaidi, M/C and Azhar Muqeem, Legal Advisor for KMC. Adil Rafi, Director, Military Land and Cantonment, Karachi, M. Saleem Hassan, CEO, Clifton Cantonment, M. Farque, Military Estate Officer, Karachi, Omer Masoom Wazir, CEO, Korangi Cantonment, Barrister M. Omer Riaz, Advocate Supreme Court on behalf of Cantonment Board, Rana Khawar Iftikhar, CEO and Faisal Qazi Rizwan Ahmed, CEO, Karachi, Cantonment for Cantonments.
Judgment & Decree
GULZAR AHMED, C.J.
Nasla Tower The Commissioner, Karachi has submitted a report regarding demolition of Nasla Tower. This report is altogether unsatisfactory and is rejected. The Commissioner, Karachi has been directed to immediately commence the demolition work of this building and achieve the total demolition thereof and clearance of malba as soon as possible. The Court had directed the Commissioner, Karachi to -demolish the Nasla Tower expeditiously and submit report in the next scssion. Thereafter, vide order dated 25.10.2021 the Court directed the Commissioner, Karachi to complete the demolition of building within one weeks time from 27.10.2021, but the Commissioner, Karachi, apparently, has not complied with the said orders, rather has Laken a stance to defy the Court's orders. The Court shall take action against the Commissioner, Karachi for defiance of the Court's orders. The Commissioner, Karachi shall ensure that compliance of the Court's orders is made. Tejori Heights
2. With regard to Tejori Heights, which was to be demolished pursuant to the orders of his Court dated 29.10.2021. The Commissioner, Karachi has stated that such building has been demolished but no report has been submitted by the Commissioner, Karachi nor the requisite record pertaining to taking away of the files by the Builder from its office premises located at Tejori Heights, has been filed before the Court. The Commissioner, Karachi shall submit the report and shall also be present in Court on 26.11.2021. The photographs showing that Tejori Heights has been demolished shall be attached by the ComMissioner, Karachi. Report No. 103-K/2021.
3. Civil Aviation Authority was allotted State's land in District Malir, Karachi measuring 209.2 acres in Deh Mehran and also a land of 80.6 acres, privately purchased by Civil Aviation Authority in NC-153 vide Secretary Land Utilization Department's Letter No. LU-II/3-4079- G(K)/I/2960 dated 30.12.1990 and as per Revenue Demarcation Map 1983, it seems that out of the land of 80.6 acres, 4 Survey Numbers i.e. 526, 527, 575 and 576 in NC-153 have been created through fake entries in the revenue record and shown to have been allotted by the Revenue Department to fake persons, who in turn are purported to have given power of attorneys to some persons who are in occupation of this land. FIA has conducted enquiry and two FIRs have been registered by them. 4 Mr. Shakeel Ahmed Durrani, Additional Director General, FIA South, Karachi states that Civil Aviation Authority's land has been encroached upon by making fake, false and fabricated entries in the revenue record and 4 persons have been arrested and the allotment of this land is shown in the name of one, Nabi Bux who does not exist.
5. We note that subsequent Deh maps have been prepared with purported demarcation by the Revenue Department and such appears to have been done only to give strength to the illegal occupants of land of Civil Aviation Authority. The ADG, FIA is directed to visit the land and take measures for retrieving it from the occupants. He shall ensure that the land is totally cleared from all encroachments and delivered to Civil Aviation Authority. A report in this respect be submitted by the ADG, FIA tomorrow i.e. 25.11.2021. Civil Aviation Authority Club.
6. It is informed by Director General, Civil Aviation Authority that a club is being run on the Civil Aviation Authority's land at Karachi in which there is also private memberships those are of the persons other than employee of Civil Aviation Authority. The DG, Civil Aviation Authority was asked as to how such a club could be allowed to run on the land of Civil Aviation Authority, which is meant only to be used by the Civil Aviation Authority for its activities. The DG, Civil Aviation states that he will ensure that the club being run on the land of Civil Aviation Authority at Karachi is immediately discontinued and same is restored to be used for the purpose of Civil Aviation Authority. Such be done by the DG, Civil Aviation Authority within a period on one week. Report No.105-K of 2021
7. Mrs. Amber Alibhai, General Secretary, Messrs Shehri-CBE has submitted the instant report in respect of 24 pieces of land which are meant for parks and playgrounds in different areas of Karachi on which proper developed parks/playgrounds are not functional and it is also complained that some areas of the land meant for parks/playgrounds are encroached upon. A copy of this report has been handed over to the Administrator, KMC who seeks time to go through the same and take immediate measures for restoring the land mentioned in the report to the parks and playgrounds with proper facilities for all walks of life, for all types of citizens, including the children, and these parks/playgrounds will be properly regulated but being public parks/playgrounds no fee shall be charged from anyone entering in these parks/playgrounds. The purported membership fee being charged for use of KMC Roller Skating Rings on the Kashmir Road, Karachi should immediately be discontinued and the public should be allowed to use whole of the KMC park located at Kashmir Road, Karachi without any hindrance, except that unsocial element should be checked and are not to be allowed to enter in the park and playground. All the parks and playgrounds, so mentioned in the report, should be properly developed and maintained and their condition should constantly be monitored by employing people who are familiar with the maintenance of parks and playgrounds. Proper furniture and lightening should be provided in these parks/playgrounds. Let the Administrator, KMC, Karachi shall file his reply to the report and such should be done within a period of two weeks. C.M.As. Nos.522-K and 826-K of 2020
8. Notice be issued to the Chairman and the Secretary, Karachi Cooperative Housing Societies Union so also to the Secretary, Ministry of Housing and Works, Government of Pakistan, Islamabad, so also to the Administrator, KMC, Karachi to make response to the application, where it is claimed that plots Nos.SNP A-21-B and SNP A-23, Blocks Nos.7 and 8, Karachi Cooperative Housing Societies Union, Main Tipu Sultan Road, off Shahar-e-Faisal, Karachi, in the original layout plan of the Union were shown as amenity plots meant for parks and playgrounds but are said to have been allotted/leased out by the Union to the private persons for their commercial exploitation. It is also stated that both these plots of land are being used for Marriage Hall purposes and the photographs of such have been attached with the application. Further, these plots are also being used as parking space by the officials of the Union and a private schools is said to be coming on one of there plots.
9. Let the Chairman and the Secretary of the Union appear before the Court on the next date of hearing. The Secretary, Ministry of House and Work, Government of Pakistan, Islamabad, shall also be present before the CoUrt with his report as to how the amenity plots were allowed to be allotted and leased out to the private persons for their commercial exploitation.
10. Notices be also issued to the owners/occupiers of these two plots of land for appearing before the Court on the next date of hearing. Notice on the owners/ occupiers so also the Chairman and Secretary of the said Union will be served through the SHO of concerned Police Station. C.M.No.826-K of 2020/ Al-Bari Towers
11. Plots SNP A-70 and 72, which are meant for parks/playgrounds on which huge building by the name of Al-Bari Towers is constructed and it is contended by the learned counsel appearing for the applicant that despite orders of the Court the purported builders/owners of the building has allowed some shops to be opened in the building. Notice be served on the purported owners as well as the Chairman/ Secretary of the Karachi Cooperative Housing Societies Union through the SHO of concerned Police Station for the day after tomorrow i.e. 26.11.2021 as despite notice no one has appeared. C.M. Appeal No.16 of 2021
12. Notice of C.M. Appeal No.16 of 2021 in C.M.A. No.Nil of 2021 be issued to the Administrator, KMC so also the Director General, Sindh Building Control Authority and also to the Chairman and the Secretary of the Pakistan Employees Cooperative Housing Society (PECHS). We have noted that no one makes appearance from the side of PECHS. Let the SHO of concerned Police Station, ensure service of notice to the Chairman and the Secretary of the PECHS for their appearance in the Court for the day after tomorrow i.e. 26.11.2021. The Director General, Sindh Building Control Authority, shall also appear in the Court along with his report. The Administrator, KMC shall also file his report. Adjourned for 26.11.2021. Gutter Baghicha
13. It is admitted by the Administrator, KMC that land of 200 acres of Gutter Baghicha has been allotted to KMC Cooperative Housing Society in the year 1993. It is also admitted that regular allotment of plots has been made to the officials of the KMC but the possession has not been given to any of the officials so far. Let the allotment letters with all requisite documents be filed by the Administrator, KMC before the Court till day after tomorrow i.e. 26.11.2021.
14. The Guttar Baghicha land is an amenity plot. meant for making of park and such land exists from the pre-partition. time specifically for the purpose of making of park. It is very unfortunate that KMC who was required to build a park on this land has actually arrogated the land to itself for making of housing society for its employees which apparent from its face cannot be allowed. The preferred KMC Cooperative Housing Society on the land of Gutter Baghicha is an illegal allotment/ transfer of land by KMC to the Society and the same is liable to be cancelled and resumed by KMC for making it as a public park. Let notice be issued to the Chairman and the Secretary of the KMC Cooperative Housing Society for appearance before the Court on 26.11.2021.
15. The Administrator, KMC is also put on notice that KMC Cooperative Housing Society has also been allotted land in Bath Island, Karachi where a housing project has been made in the name of Gulshan: e-Faisal Cooperative Housing Society. The Administrator, KMC will seek proper information regarding such it society also and pui: up a report before this Court on 26.11.2021.
16. While hearing the matter, copies of certain fake challans have been placed before us, which show that in pursuance of Ordinance No. III of 2001 differential amounts of Rs.592,000/- in respect of land measuring 02.20 acres situated in Deh Joreji, NC No.340, District Malir, Karachi was leased out for 99 years in favour of Nisar Ahmed son of Allah Bachio at the rate of Rs.5,000/- per acre. Similar allotments are also mentioned in the bunch of the challans.
17. Learned Advocate General, Sindh has been put on notice and asked to show how these challans, which show deposit of amounts in the year 2020-2021, could be justified by the Sindh Board of Revenue, more particularly, where this Court in order dated 28.11.2012 passed in SMC No.16 of 2011 and subsequent order dated 07.08.2019 passed in C.M.A. No.3225 of 2013 etc., has pointed out that apparently no private sale of Government land is permissible in law, except for public purposes, whereas these challans show that the said allotments have not been made for public purposes, rather the private persons for other purposes such as housing, commercial and industrial. Copies of these challans be handed over to the learned Advocate General, Sindh. Report No. 102-K/2021
18. As regards playground on Plot No.ST-67 Sector 5-F, North Karachi Township, Karachi, the DG, KDA has submitted the instant report, in which it is stated that the playground, where garbage was being dumped and sewage water was allowed to run on it and encroachments were made, has been cleared from all garbage, sewage water and encroachments. It is further stated that the construction of boundary wall with proper iron grills, work for its beautification and plantation and laying of a jogging track is being order process and it is stated by the DG, KDA that such work will be done as soon as possible. We expect that the DG, KDA shall facilitate the early completion of the work, not later than four months from today.
19. The DG, KDA states that he is taking further steps for retrieving and restoring all parks and playgrounds within the jurisdiction of KDA and in this respect the Director Planning and Urban Design (DPUD) Department has also been transferred to the KDA and in this respect the KDA is taking steps for proper planning and zoning or other related activities and all buildings and encroachments on public land, open land, Nala land, Malir River Belt land and in particular, building around Jam Sadiq Ali Bridge, the action will be taken against them and those illegal buildings and encroachments shall be removed and same shall be used for the amenity purposes. ST-1 in Sector No.36-A, Korangi-5
20. It is also complained that large number of lands meant for parks/playgrounds in the area of Korangi has also been encroached upon and in some of the lands, construction work has also been started, particularly, on ST-1 in Sector No.36-A, Korangi-5, Karachi. The DG, KDA states that he is in knowledge of such activity being conducted by some builders on the ST plot and he will ensure that not only the construction activities be stopped but also all constructions on the land is removed and the plot is restored for parks/playgrounds.
21. The Administrator, KMC has also shown his interest in the subject of parks/playgrounds and other open spaces and states that he will ensure that all parks/playgrounds within the limits of KMC are used for the very purpose of parks/playgrounds and all illegal activities on such land is immediately removed and the parks /playgrounds are properly maintained for use by the public, including the children.
22. He has also stated that he will look into the matter of Jheel Park and restoration of the two lakes in it and also two other lakes, one on Ghulam Hussain Road, on which building appears to have been constructed and other, just opposite Jheel Park, on which a school is said to have been constructed. These four lakes were ideal places in Karachi for visitors and so also for birds' sanctuary.
23. We are of the view that the KMC being established inter alia for maintenance of public places, all the more parks/playgrounds, ought to have maintained the four lakes and in case of depletion of water in them, measures ought to have been taken to restore subject depletion of water and not to fill them up and used or allotted for commercial exploitation. The Administrator, KMC shall submit a repert in this regard also before the Court. C.M.A. No.1087-K/2021
24. The above C.M.A. is regarding Askari Park on the land of Old Sabzimandi, Karachi. The Administrator, KMC states that he has received notice of the application and will submit the reply. Let such be done by Friday falling i.e. 26.11.2021.
25. Notice be repeated to the Commander, Engineering's Corps, Karachi for the next date of hearing.
26. Notice be also issued to the learned Attorney General for Pakistan and also to the learned Advocate General, Sindh as to how the park's land is being used for commercial activities. Cantonment lands
27. It has been pointed out that the lands which were meant for Cantonment purposes, i.e., for Army, Navy and Air Force are progressively being used, rather being allotted, transferred and leased out by the Cantonment Boards to the Army personnel for their own personal use, i.e., for construction of houses, commercial buildings and other related things. The Cantonments' lands, which were allotted or leased by the Federal Government or the Sindh Government for cantonment purposes were meant to be used only for cantonment as strategic land for defence purposes and its activities but the very nature of land and its title, apparently, cannot be changed and given that of a private status and the conversion of cantonment land into private land, seems contrary to the very mandate of the Cantonments Act, 1924 and the Land Administration Control Rules, 1937 and also is in violation of the Constitutional provision. If any law or rule is made contrary to such mandate, the same will be ultra vires the Act and the Constitution and therefore, this aspect needs to be heard and decided by this Court.
28. In the circumstances, notice be issued to the learned Attorney General for Pakistan so also the learned Advocate General, Sindh under Order XXVII-A of C.P.C.
29. Notice be also issued to the Director (Military Lands and Cantonments) Karachi Region as well as CEOs of all the Cantonments of Karachi Region.
30. Notice be also issued to the Secretary, Ministry of Defence for appearance before the Court for Friday i.e. 26.11.2021. MWA/N-15/SC Order accordingly.