2022 PLP 238 (SCMR)
NIAMATULLAH KHAN ADVOCATE and others — Petitioners/Appellants Versus FEDERATION OF PAKISTAN and others — Respondents
| Citation | 2022 PLP 238 (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 |
Q1: What are the key laws and sections cited in 2022 PLP 238 (SCMR)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2022 PLP 238 (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 238 (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.
Representation
- 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 Nala) 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, [Waleed Ahmed and others v. Federation of Pakistan and others (Plot No.SNPA-21-D 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 Cuase 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 etc. by influential persons)] AND C.M.A. 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 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, [Shamim 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 BUILDINGS: 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 Lan (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 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 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 (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 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 AOR 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/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 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 storeys 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 No.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 etc.)] 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]
- Salman Talib ud Din, Advocate General, Sindh, Muhammad Iqbal Memon, Commissioner, Karachi, Murtaza Wahab, Administrator KMC, Mazhar Khan, Chairman, KMC Officers Housing Society, Ms. Ambar Alibhai, Sheri Citizen, Awais Iqbal, Administrator Auqaf, Mehtab Khan, Manager Auqaf East, D.C. East, Rehmat Ullah Sheikh, Administrator, D.M.C. East, Rashid A. Rizvi, Senior Advocate Supreme Court, Raja Qasit Nawaz Khan, Advocate Supreme Court, Khawaja Shamas ul Islam, Advocate Supreme Court, Anwar Mansoor Khan, Senior Advocate Supreme Court, Ms. Umaimah Anwar Khan, Advocate Supreme Court, Obaid ur Rehman Khan, Advocate Supreme Court, Naveed Ahmed Khan, Joint Secretary, PECHS, Asma Batool, A.C. Ferozabad, Kelash Kumar, in person, Sajeel Shehryar Swati, Advocate Supreme Court, Dr. Raana Khan, Advocate-on-Rcord, Mazhar Ali B. Chohan, Advocate-on-Record/Advocate Supreme Court, Kashif Sarwar Paracha, Additional A.G.P., Khaliq Ahmed, DAG, Azra Muqeem, Legal Advisor Afzal Zaidi, M/C and Barrister M. Omer Riaz, Advocate Supreme Court (via video-link Lahore).
Judgment & Decree
GULZAR AHMED, C.J.
Gutter Baghicha (Report Nos.128-K and 135-K of 2021) The Chairman, K.M.C. Officers Housing Society, requests that the matter may be fixed at Islamabad as he is not fully prepared with the case. Adjourned to 11.01.2022, at 1:00 p.m., at Islamabad. C.M.As. Nos.826-K of 2020, 773-K of 2021, Report Nos.138-K and 142 K of 2021, C.M.A. No.1251-K of 2021, Report No.150-K of 2021, C.M.As. Nos.1258-K, 1261-K and 1264-K of 2021
2. Mr. Rashid A. Rizvi, Senior ASC, requests for adjournment as he has not received some reports filed by the respective parties in the case and that he shall obtain the same from the office and prepare himself to argue the matter.
3. Adjourned to 04.01.2022, to be taken up at Islamabad, at 1:00 p.m. The parties, who are unable to appear at Islamabad, may appear from Branch Registry Karachi through video-link. Hill Park (Cr. O.Ps. Nos.13-K and 14-K of 2021)
4. Mr. Anwar Mansoor Khan, Senior ASC for the petitioners contends that the petitioners' houses on the Hill Park land were demolished pursuant to the order of this Court dated 10.08.2020 and it was also noted in the order that the owners of the houses may seek whole or part of the compensation from PECHS in accordance with law. Learned counsel states that the petitioners have approached the PECHS for granting of compensation but the PECHS has denied their liability. If that being so, the petitioners may file a suit for recovery of compensation and if such suit is filed by the petitioners, it is excepted that the same will be decided, preferably within a period of one year. These criminal original petitions stand disposed of. Kidney Hill Park (C.M.A. No.714-K of 2020)
5. The applicant claims that there is a provision for Al-Fatah mosque on the land of Kidney Hill Park and in this respect the applicant has also referred to a license dated 25.04.1983 and the same apparently is signed by some KMC official, filed at page No.94 of the C.M.A. Learned counsel for the applicant states that this mosque is not built in the Kidney Hill Park rather on a separate plot of land. The Commissioner Karachi so also the Assistant Commissioner Ferozabad (East) state that a Kacha Mosque, in fact, was raised on the land of the Kidney Hill Park and such was removed pursuant to the order of this Court dated 08.04.2021.
6. The Commissioner Karachi so also the Assistant Commissioner state that there is no obstruction by anyone on Kidney Hill Park to make a prayer but construction of a mosque is not provided in the layout plan of the Kidney Hill Park and as per the order of this Court all other structures have been removed and the Kacha structure of the mosque was also removed. Learned counsel for the applicant states that there is one Bismillah Mosque in the Kidney Hill Park. The Assistant Commissioner also admits that such a mosque does exist in the Kidney Hill Park. The whole of the layout plan of Kidney Hill Park does not contain any provision for building of a mosque in the park but any person, who wants to make a prayer, is allowed to pray in whole of the park and there is no obstruction or impediment in the same. Once a plan did not make provision for construction of a mosque in the park, in our view, allowing such construction to be made is totally against the rule, law and the approved plan of the Kidney Hill Park. Such is also not permissible under Muslim jurisprudence for any mosque to be established and such has to be done by procuring the land and consideration for the said land has to be paid. Apparently, the KMC which is looking after the Kidney Hill Park itself had no authority in law to make allotment or to give license for construction of the mosque in the Kidney Hill Park and apparently the license issued by the KMC dated 25.4.1983 is, ex facie, illegal and does not create any right of any person in the land of the Kidney Hill Park. The license only gave a possessory right and such right also did not culminate into the ownership or giving any title to the licensee under a license and such is liable to be revoked for no Pakka construction at all in the Kidney Hill Park nor can it be allowed, while the prayer can be made in whole of the park. Consequently, while declaring the license dated 25.4.1983 to be illegal, same is also cancelled and the land mentioned in the license is restored to the park.
7. As regards, Bismillah mosque, same is the case with it and if any document in its favour has been executed by any person or authority, same is also illegal and cannot be sustained. The said Bismillah mosque is also to be removed and Commissioner Karachi is directed to conduct such operation and remove the same and put up a report before this Court. There was stated to be only one grave in Kidney Hill Park and now it is stated that there are some number of graves. Whether these graves were existing and who are buried in those graves, nothing is known nor anything is on the record regarding them. The Commissioner Karachi shall ensure that the land of the park is retrieved as a whole and if there is a genuine grave, the same should be protected but no one should be allowed to stay in/around the grave and no sort of construction should be allowed. The Commissioner Karachi shall also explore a possibility of shifting of the graves from Kidney Hill Park to the properly declared graveyard and take appropriate measures in this regard in accordance with law. The application is accordingly disposed of. It is pointed out by the Assistant Commissioner that adjacent to the Kidney Hill Park, there are two plots bearing Nos.86 and 86-A on which houses have been constructed. In both these plots, gates have been opened towards Kidney Hill Park which are not permissible by law and because of the creation of these gates, the Kidney Hill Park is used as a passage for these houses and the gate of the park remains open 24 hours and anti social elements enter into the park land and do mischief. The Assistant Commissioner has requested that the gates of these two plots of land opening towards the Kidney Hill Park may be removed and permanent wall should be raised in order that no entrance from the plots is made in the Kidney Hill Park. We note that these houses and all other houses providing gates on the park land have no right to provide such gates or to treat the park as their backyard. They even do not have easementary right in the park land. Consequently, the Commissioner Karachi shall ensure that no gates of any house existing adjacent to the Kidney Hill land shall be allowed to open in the Kidney Hill Park and if there are any such gates including gates in plots Nos.86 and 86-A, the same shall be removed and in their place, proper wall should be erected. The Administrator K.M.C. shall ensure that proper gates are installed at all entry points of the Kidney Hill Park with security staff. C.M.A. No.1123-K of 2021
8. This application be fixed along with C.M.A. No.4821/2018 in S.M.C. No.1 of 2014 pending at the Principal Seat, at Islamabad regarding minorities and their religious places. Report No. 139-K of 2021 and C.M.A. No.1142-K of 2021.
9. There is a plot bearing No.AP-30 on Main Tariq Road stated to be 1095 square yards in the layout plan of PECHS. This plot has been shown as a park. It seems that the park land has been encroached upon and a mosque by the name of Madina Masjid has been constructed and whole of the park has been occupied by the Madina Masjid except a corner showing perhaps a sub-station of K-Electric. The Administrator D.M.C. (East) is present and acknowledges that on the park land a big mosque has been constructed and that he will ensure that the land is restored to the park and all illegal construction raised on it is removed. A person claiming to be a committee member of Madina Masjid has appeared who has not given any assistance to the Court nor could justify existence of the Masjid on the park land. The Administrator shall with due diligence ensure that the park is restored. The report in this regard shall be submitted by the Administrator D.M.C. (East) in Court within one week. MWA/N-21/SC Order accordingly.