2010 PLP 2665 (YLR)

Petitioner has impugned the construction and purported encroachment on Plot No. ST-5, Sector 48-F, Korangi Karachi admeasuring 5000 square yards, with consequential directions to the City District Government Karachi and K.B.C.A. to remove the same. The matter has proceeded. Subject property was inspected under the orders of this Court and Nazir Report dated 11-3-2009 has come on record. As per Nazir Report it is reported that "All the construction consisting of Masjid, rooms on upper side and basement is completed in all respect but basement and rooms on upper side are unoccupied. However one Akhtar Hussain who is stated to be Secretary of Millat-e-Islamia Welfare Society disclosed that both the premises built on upper portion of Masjid have been left for the aforesaid Imam Masjid and Moazzan. At the time of inspection Masjid was in use of prayer." From the report it appears that within the subject premises there is another area of 76.6 x 86.6 premises. Persons Abdul Qadir and Maulana Muhammad Rasheed were found as Imam and Moazzan of the mosque and some students were also found apparently getting religious education and a clinic is stated to have been sealed under the orders of this Court. The K.B.C.A. has also responded and Deputy Controller of Building has filed the Report today, stating the following consideration before this Court:

(1) That the plot in question is an amenity plot reserved for mosque and mosque has been constructed without any approved plan. (2) That there is servant accommodation and other ancillaries of the mosque, and a clinic have already been constructed on the plot in question. (3) That the K.B.C.A. had sealed the premises under use as the Clinic/ dispensary, vide order dated 28-4-2007, which seal is still intact. (4) That no fresh construction has been found at site." Mr. Manzoor, learned counsel for CDGK has also pointed out that in Revision Application No.156 of 2004 arising out of Suit in Revision, the Court has observed that the subject plot is reserved for the construction of Mosque by the Civic Agencies, and petitioner's Revision was dismissed. Since controversy has already been settled in civil proceedings, instant proceedings appear to be merely an attempt to circumvent the earlier round of proceedings. Petitioner seems to be interested in management of the mosque which is not the domain of controversy in exercise of the writ jurisdiction. The petitioner who has already availed of the remedy in civil court, cannot be allowed to invoke the writ jurisdiction to settle a controversy which is seemingly of factual nature. We would dispose of this petition with direction to respondents to ensure that the subject property which is stated to be reserved specifically for use of mosque and the construction that is found to be existing, should be regularized in accordance with K.B.T.R., 2002 and the premises presently lying sealed should be de-sealed only on the assurance of the present management to use the subject premises exclusively for the purpose that is earmarked in the Master Plan of the area concerned. Any controversy as to the management, right or title to run the management of the mosque, cannot be decided in the instant petition. The petitioner and any other person having any dispute or right or title may avail of the remedy as may be available to them under the law. The petition along with all pending applications stands disposed of. H.B.T. /H-9/K Order accordingly.