2022 PLP 105 (SCMR)
NIAMATULLAH KHAN ADVOCATE and others — Petitioners/Appellants Versus FEDERATION OF PAKISTAN and others — Respondents
| Citation | 2022 PLP 105 (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 | Constitution of Pakistan |
Q1: What are the key laws and sections cited in 2022 PLP 105 (SCMR)?
This judgment primarily cites: Constitution of Pakistan as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2022 PLP 105 (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 105 (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)---Matters relating to encroachments over Gujjar Nallah and Orangi Nallah (rain water drainage streams); issue of lack of availability of parking for Advocates and litigants appearing before the Sindh High Court; illegal allotment of plots on land retrieved from the sea near Boat Basin; removal of encroachments from Kidney Hill park; clearing all buildings and building material from KMC playground situated at Kashmir Road; illegal conversion of Aladdin Water Park into Pavilion Club and shopping center; encroachment and construction on amenity plots; illegal sale of land belong to Pakistan Railways to private developers; poor condition of railway tracks from Khanpur to Kotri and from Sukkur Division to Karachi making them unserviceable and dangerous for the operation of Railways; lack of water supply for residents of Karachi city and its citizens left at the mercy of water tankers mafia---Supreme Court gave directions to relevant functionaries, vacated certain interim injunctions granted by fora below and sought reports from concerned authorities/functionaries to be made available on next date of hearing, to address the issues highlighted. [pp. 115, 116, 117, 118, 119, 120, 121] A, B, C, D, E, F, G, H, I, J, K & L
- 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 CMA NO.6206 OF 2013 IN CONST. P. NO.9 OF 2010, [Report of Additional Registrar of this Court] AND CMA No.627-K OF 2020 IN CONST. P. No.9 of 2010, [Muhammad Imtiaz v. Province of Sindh through Chief Secretary and others (regarding illegal encroachment over drainage river of Haji Limo Village at Gulshan-e-Iqbal)] AND CMA No.671-K OF 2020 IN CONST. P. No.9 of 2010, [Muhammad Ayoub Gabol v. Province of Sindh through Chief Secretary and others (regarding illegal encroachment over drainage
- river of Haji Limo Village at Gulshan-e-Iqbal)] AND CMA No.672-K OF 2020 IN CONST. P. No.9 of 2010. [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 CMA No.441-K OF 2021, [Niamatullah Khan Advocate v. Federation of Pakistan and others (Regarding illegal encroachment over drainage river of Haji Limo Village at Gulshan-e-Iqbal)] AND CMA NO. 549-K OF 2021, [Shehri - Citizens for a Better Environment and others v. Federation of Pakistan and others (Matter regarding encroachment over Gujjar Nallah and Orangi Nallah) AND CMA No.586-K OF 2021, (Abdul Khaliq Gabol v. The Province of Sindh through Chief Secretary, Government of Sindh and others (Regarding illegal encroachment over drainage river of Haji Limo Village at Gulshan- e-Iqbal) AND CMA No.625-K OF 2021, (Feroza and others v. Federation of Pakistan and others (Matter regarding Nasla Tower) AND CMA No.576-K OF 2021, (Abdul Qadir v. Federation of Pakistan (Matter regarding Nasla Tower) AND CMA NO.964-K OF 2019 IN CONST. P. No.9 OF 2010, [Application for intervener filed by Mrs. Mahamadi (regarding removal of illegal parking areas and street parking at DHA)] AND CMA 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 Crl.M.A. No.199-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 Arif Hussain and others (For seeking direction to stop demolition of National Museum Building at Burns Garden, Karachi)] AND CMA No.86-K OF 2020 IN CONST. P. No.9 of 2010, [M/s Ishaq Enterprises v. Federation of Pakistan and others (Concise Statement with regard to allotment/mutation of COM-3)] AND CMA No.711-K of 2020 IN CONST. P. No.9 of 2010, [M/S Ishaq Enterprises v. Federation of Pakistan and others (Objection filed on CMA No.86-K/2020)] AND CRIMINAL ORIG. PETITION NO.8-K OF 2021, (Abu Turab v. Syed Mumtaz Ali Shah and others (Matter regarding Kidney Hill Land) AND CMA No.391-K of 2020 IN CONST. P. No.9 OF 2010, [Abu Turab v. Federation of Pakistan and others (regarding Illegal constructions in side of Kidney Hill Land situated at Faran Society, Barrister Ahmed Board, near Dhooraji Colony, Karachi)] AND CMA No.714-K OF 2020 IN CONST. P. No.9 OF 2010, [Niamatullah Khan v. Federation of Pakistan and others (matter regarding Al-Fatah Masjid Admeasuring 1400 Sq. Yards at Kidney Hill Ahmed Ali Park, Faran Society, Karachi)] AND CMA No.424-K OF 2021, [Mr. Ibrahim Younus and others v. Federation of Pakistan and others (kidney Hill Park Land)] AND CMA No.437-K OF 2021, [Naimatullah Khan v. Federation of Pakistan and others (Matter regarding various plots at Overseas Cooperative Housing Society lies adjacent to Kidney Hill Park] AND CMA No.438-K OF 2021, [Naimatullah Khan v. Federation of Pakistan and others (Matter regarding various plots at Overseas Cooperative Housing Society lies adjacent to Kidney Hill Park] AND CMA NO.515-K of 2621, [Abrar Hasan v. Federation of Pakistan and others (Matter pertains to Kidney Hill Park) AND CRL. M.A. No.229-K/2018 IN CRL. ORG.P. No.7-K/2017, [Application for Intervener filed by Mr. Ghulam Qadir Jatoi, Advocate-on-Record on behalf of KDA Officers Club (Against Illegal and unconstitutional partial demolition on the premises of the applicant at Plot, St.6, Off. Kashmir Road, Karachi)] AND CRL. M.A. No.185-K/2020, [Javed Hanif Rajput v. Syed Nasir Abbas, Director General (KDA) and others (Applicant is aggrieved by the demolishing of club and lawn)] AND CMA No.423-K of 2021, [Muhammad Siddique and others v. Federation of Pakistan and others (Removal of Encroachment from Marriage Halls of Korangi Township)] AND Civil Review Petition No.15-K of 2021 IN CMA No.906-K of 2020 IN CONST. P. No.9 OF 2010, [Naeemuddin v. Pakistan Railway (Regarding Encroachment over Pakistan Railway Land and Revival of KCR) (Tejori Hights/Tower)] AND CMA No.167-K OF 2020 IN CONST. P. No.9 OF 2010, [Application for intervener filed by Syed Muhammad Iqbal Kazmi (The matter regarding KCR project and demolishing of illegal construction in Karachi)] AND CMA 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 CMA 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 CMA No.541-K OF 2020, [Muhammad Ahmed Khan and others v. Federation of Pakistan and others (Matter regarding Pakistan Railway employees Co-operative Housing Society)] AND CMA No.630-K of 2020, [Pakistan Railway Employees Co-operative Housing Society Limited v. Federation of Pakistan and others (The matter pertains to encroachment over Railway Land on account of Railway Co- operative Housing Society)] AND CMA No.898-K of 2020, [Pakistan Railways through Divisional Superintendent v. Federation of Pakistan and others (regarding encroachment over Pakistan Railway Land and Revival of KCR)] AND CMA No.277-K of 2021 in Civil Review Petition No.Nil-K OF 2021 IN CMA No.898-K OF 2020 IN CONST.P. No.9 of 2010[ [Messrs Karachi Town Builders v. Pakistan Railways (Regarding Encroachment over Pakistan Railway Land and Revival of KCR) (Tejori Hights/Tower)] AND CMA NO.278-K OF 2021, [Messrs Karachi Town Builders v. Pakistan Railways (Regarding Encroachment over Pakistan Railway Land and Revival of KCR) (Tejori Heights/Tower)] AND CMA NO.445-K OF 2021, [Nabiha Qureshi v. Federation of Pakistan and others (Regarding encroachment over Pakistan Railway Land and revival of KCR)] AND CMA NO.446-K OF 2021, [Messrs Karachi Town Builders and Developers v. Federation of Pakistan and others (Regarding encroachment over Pakistan Railway Land and revival of KCR)] AND CMA NO.621-K OF 2021, [Niamatullah Khan Advocate v. Federation of Pakistan, etc. (report regarding KCR, in compliance of order dated 8.4.2021 filed by DG, FWO)] AND CM APPEAL NO.37 OF 2021 IN C.R.P. NO.7-K OF 2020 IN CMA 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 CM APPEAL NO.38 OF 2021 IN CMA NO.NIL OF 2021 IN CONST. P. NO.9 OF 2010, [Zeba Bakhtiar v. The Registrar, Supreme Court of Pakistan (matter pertains to KPT Officers Cooperative Society)] AND CMA 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 IN CRL.O.P. NO.7-K OF 2017, [Application for Intervener filed by Muhammad Asif Shafi (Against seeking direction for demolition of illegal construction on Plot 70-A, Sindhi Muslim. Cooperative Housing Society, Karachi)] AND CMA No.631-K OF 2019 IN CONST. P. No.9 OF 2010, [Application for Intervener filed by Mrs. Nelofar Abbasey (Illegal construction is carried out by King Builders over Private Park/ Amenity Plot11 AND CMA 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 (regarding high rise building on amenity plot)] AND CMA 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. (regarding Hyatt Regency Hotel)] AND CMA No.512-K OF 2020 IN CONST. P. No.9 of 2010, [Application for Intervener filed by Mst. Yasmeen Lari (Regarding Karachi Gymkhana)] AND CMA 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 36, Gulistan-e-Johar, Karachi] AND CMA No.594-K OF 2020 IN CONST. P. No.9-K OF 2010, [Messrs Madrasa Tahfeezul Quran 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 CMA No.617-K of 2019 IN CONST. P. No.9 OF 2010, [Application for Intervener filed by Venu G. Advani (Against illegal conversion of plot from residential into commercial locals at Block 4, Scheme-5, Clifton, Karachi)] AND CMA 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 regarding ownership of P&T Colony, also declared as katchi abadi)] AND CRP No.28-K of 2020 IN CONST. P. No.9 of 2010, [K-Electric Ltd. v. Federation of Pakistan and others (matter regarding fatal incidents resulting from electrocution in the service territory of K-Electric)] AND CMA No.940-K of 2020, [Muhammad Yousaf v. Federation of Pakistan and others (Regarding Sugarcane Crushing Machines Situated at Hasrat Mohani Road, Near Caf Victory, Karachi)] AND CRL. M.A. No.121-K OF 2017 IN CRL. ORG. P. No.7-K OF 2017, [Application for intervener filed by Muhammad Essa (60 feets land reserved for Bus Stop divided into 80 Sq. Yd. Plots - China Cutting Plots)] 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 (against China Cutting of plots by manipulated documents of plot No.R.160/4 and R-160/5 Sector 11, North Karachi, Fabricated against master plan, as these re amenity plots for Bus Stop/Car Parking/Green Belt, etc.)] AND CRL. M.A. No.59-K OF 2018 IN CRL. ORG. P. No.7-K OF 2017, [Application for intervener filed by Mr. Ghulam Rasool Mangi, Advocate-on-Record on behalf of applicant namely Shah Muhammad (against encroachment made around Ziauddin Hospital, Clifton Karachi by its management and false cases registered against applicant)] AND CMA No.423-K OF 2019 IN CONST. P. No.9 of 2010, [Application for intervener filed by Prof. Dr. Muhammad Shahid Hussain (encroachment over public road in between St. 6 to St. 8, Gulshan-e-Iqbal Block 4, KDA Scheme-24, Karachi)] AND 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 and sector 51-C, Korangi Township, Karachi)] AND CMA No.179-K OF 2020 IN CONST. P. No.9 of 2010, [Application for intervener filed on behalf of Rashid Ali (Demolishing of petrol pump on plot No.PP- Shahrah-e-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 CMA 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 is illegally converting various plots to use 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, Service 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. Province of Sindh and others (conversion of residential land into commercial i.e. plot No.79, Service 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-K OF 2017, [Ghulam Muhiyuddin v. Province of Sndh through Secy: Local Govt. and others (matter pertains to 35000 plots at 112 sites of KDA Schemes/Township 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 (regarding lands Illegally occupied by land grabber in Karachi] AND CRL. M.A. No.132-K/2017 IN CRL. ORG. P. 7-K OF 2017, [Application for intervener filed by Advocate-on-Record for the applicant Anjuman- e-Kalyana (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 on behalf of Anjuman-e-Sadat-e-Amroha (for restraining from demolishing further construction on the applicant plot which was allotted by KDA to Anjuman on 6.8.1974] 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 (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 stretched 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 (regarding encroachment on applicant's plot by constructing 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 Aunjuman-e-Muslman-e-Kalyana (seeking direction to restrain KDA and SBCA to not to demolish Girls College, Girls School, Coaching Centre and Medical Centre established on amenity plot)] AND CMA No.59-K OF 2019 IN CONST. P. No.9 OF 2010, [Application for intervener filed by Syed Arif Shah (Encroachment on amenity plot allotted at Orangi for establishing Muslim Missionary College and Allied Institutions)] AND CMA No.349-K of 2019 in C.P. No.815-K of 2016, [Application for intervener filed on behalf of Public Interest Law Association of Pakistan (for seeking direction of this Court to have empty plots of Karachi developed with parks and playground with the coordination of the relevant authorities)] AND CMA No.875-K of 2019 IN CONST. P. No.9 of 2010, [Application for intervener filed by Muhammad Saleem Qureshi (regarding cancellation of false and fabricated lease granted on amenity plot at Bihar Colony Layari)] AND CMA No.933-K of 2019 IN CONST. P. No.9 of 2010, [Application for intervener filed by Mrs. Mahamadi (regarding demolishing of all illegal construction and usage of public property on main Korangi service road)] AND CM. APPEAL No.139 OF 2020 IN CMA NIL/2020 IN CMA No.933-K OF 2019 IN CONST. P. No.9 of 2010, [Samira Mahanadi v. The Registrar Supreme Court of Pakistan (for correction of order dated 13.8.2020) AND CMA No.202-K OF 2020 IN CONST. P. No.9 of 2010, (Application for intervener filed on behalf of AVA Ardeshir Cowasjee (regarding allotment of Plot No.9B, GK 1, Ghulam Hussain Kasim Quarters Karachi)] AND CMA No.281-K of 2020 IN CONST. P. No.9 of 2010, [Application for intervener filed on behalf of the Karachi Goan Association (regarding allotment of plot No.J.M.1/79, Jamshed Quarters, M.A. Jinnah Road, Karachi)] AND CMA 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-21D AND SNPA-23, both are public amenities and meant for "Park" and the same are used for arriage/commercial activities)] AND CRL. M.A. NO.32-K OF 2018 IN CRL. ORG. P. NO.7-K OF 2017, [Application for intervener filed by Mr. Ghulam Qadir Jatoi, Advocate-on-Record (for issuance of allotment order and lease deed in favour of applicant)] AND CRL. M.A. NO.1-K OF 2019 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 Moulana Muhammad Ali Johar Memorial Cooperative Housing Society (seeking direction for removal of encroachment from the plot of applicant society)] AND CRL. M.A. No.34-K/2020 IN CRL. ORG. P. NO.7-K OF 2017, [Application for intervener filed by Mr. Ghulam Rasool Mangi, Advocate-on-Record on behalf of Messes Fatima Jinnah Dental College and Hospital Trust (matter pertains to non-profitable educational institution/trust on plot No.AM/ 1/B at Bhittai Colony "Amenity Plot")] AND CMA No.761-K OF 2020 IN CONST. P. No.9 of 2010, [Abdul Haq Abbasi v. Federation of Pakistan, etc. (matter regarding encroached overstate property situated at Sindh Muslim Society Karachi)] AND CMA No.808-K of 2020 IN CMA No.459-K of 2020 IN CONST. P. No.9 of 2010, [Muhammad Ameer Shah v. Federation of Pakistan and others (encroachment over 2000 million road at North Karachi)] AND CMA No.941-K of 2020, [Niamatullah Khan Advocate v. Federation of Pakistan and others (Regarding encroachment in Jacobabad at various governmental lands (i.e. amenities parks, etc) by influential persons)] AND C.M. Appeal No.16 of 2021 in Const.P. No.9 of 2010. [Haji Abdul Razziq Khan (Regarding Encroachment over Amenity Plot at PECHS) v. Federation of Pakistan, etc] 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 # 318, sector 6-B, Mehran Town Korangi Industrial Area Karachi)] AND CRL. 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 CMA No.521-K of 2019 IN CONST. P. No.9 of 2010, [Application for intervener filed by Murtaza Ali (regarding illegal encroachment on Plot Nos.33 and 34, PR-II, Preedy Quarters Karachi)] AND CMA 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 # R-07 Longlife Banglows Block 17, Gulistan-e-Johar)] AND CMA No.162-K OF 2020 IN CONST. P. No.9 of 2010, [Application for intervener filed on behalf of Ms. Muneera Khatoon (against illegal encroachment over plot bearing Nos.46-F and 46-G situated at Bihar Colony, Shah Abdul Latif Bhittai Road, Karachi)] AND CMA No.193-K OF 2020 IN CONST. P. No.9 of 2010, [Application for intervener filed by Khawaja Muhammad Asghar (regarding encroachment of Plot No.B-100 and B-113 Block 10 Gulistan-e-Johar, Karachi)] AND CMA No.762-K OF 2020 IN CONST. P. No.9 of 2010, [Syed Khurram Iqbal v. Federation of Pakistan, etc. (matter pertains to encroached land situated in Aligarh Muslim University Old Boys Cooperative Housing Society Ltd. Gulzar-e-Hijri Scheme No.33)] AND CMA 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, [Muhammad Jibran Nasir and others v. Mr. Habib ur Rehman Ghiani and others (matter pertains to resettlement and rehabilitation plan for the affectees who have been dispossessed or dislocated due to the anti-encroachment drive)] AND CMA No.809-K OF 2020 IN CMA No.460-K OF 2019 IN CONST. P. No.9 of 2010, [Yousaf Masih v. Federation of Pakistan and others (regarding grievances of people of Salman Brohi Goth as they apprehend to be dispossessed/vacated from the land in question)] AND CMA No.82-K OF 2020 IN CONST. P. No.9 of 2010, [Application for intervener filed by Syed Mehmood Akhtar Naqvi (regarding corruption allegations against mentioned officials SBCA and highlighted the illegal construction and encroachment in certain arrears of Karachi)] AND CMA 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, Senior Member, Board of Revenue, Govt. of Sindh and others] AND CMA No.510-K OF 2021, [Muhammad Ashraf Samoo v. The Province of Sindh and others (applicant has pointed out various issues i.e. corruption, violation of Fundamental Rights, etc.)] AND CMA No.300-K OF 2020 IN CONST. P. No.9 of 2010, [Niamatullah Khan Advocate v. Federation of Pakistan (Statement of the Amicus Curiae from "Salahuddin Ahmed, Advocate Supreme Court") AND CMA 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], decided on 14th June, 2021.
- Salman Talib ud Din, Advocate General, Sindh, Sibtain Mehmood, Additional A.G. Sindh, Naveed Ahmed Sheikh, Commissioner Karachi, Dr. Saeed Ahmed Qureshi, Focal Person of Chief Secretary, Asad Ali Khan, Additional Commissioner-I Karachi, M.D. Dharejo, DC Central and Irfan Saleem Meerani DC Korangi for the Government of Sindh.
- Umar Lakhani, Advocate Supreme Court for KMC (in C.M.A. 441-K of 2021).
- Dr. Raana Khan, Advocate-on-Record (in Criminal M.A.185- K of 2020).
- Faisal Siddiqui, Advocate Supreme Court (in C.M.A. 549-K of 2021, Criminal M.As. 199-K, 229- K of 2018).
- Abid S. Zuberi, Advocate Supreme Court (in C.M.As. Nos.625-K of 2021, 86-K of 2020, 277-K, 278- K and 446-K of 2021).
- Salahuddin Ahmed, Advocate Supreme Court (in C.M.As. 74-K of 2020, 576-K of 2021).
- Mrs. Abida Perveen Channar, Advocate Supreme Court (in Criminal Org. P. No.8-K of 2021).
- Badar Alam, Senior Advocate Supreme Court, Syed Ashiq Raza, Advocate Supreme Court, Yawar Farooqi, Advocate Supreme Court, Muhammad Haseeb Jamali, Advocate Supreme Court, K.A. Wahab, Advocate-on-Record, Mazhar Ali B. Chohan, Advocate-on-Record, Kamal Azfar, Senior Advocate Supreme Court and Raja Qasit Nawaz, Advocate Supreme Court.
- Dr. Raana Khan, Advocate-on-Record and Syed Jameel Ahmed, Advocate Supreme Court for SBCA.
- Nasir Abbas Soomro, D.G. and Mirza Sarfraz, Advocate Supreme Court for KDA.
- Adil Rafi, Director, Military Land and Cantonment, Karachi M. Saleem Hassan, CEO, Clifton Cantonment M. Farooqu, Military Estate Officer, Karachi, Omer Masoom Wazir, CEO, Korangi Cantonment, M. Umer Riaz, Advisor/Advocate Supreme Court on behalf of Cantonment Board, Karachi Region via Video Link Lahore, Rana Khawar Iftikhar, CEO, Faisal Haider Ali Sial, CEO, Malir, Qazi Rizwan Ahmed, CEO, Karachi, Cantonment and Umar Mehboob, CEO for Cantonments.
- 9. This application is with regard to providing of parking space for the Advocates and litigants, who come to High Court of Sindh, Karachi. As there is serious issue regarding availability of parking space, both Mr. Salah-ud-Din Ahmed, learned ASC and Mr. Omer Soomro, ASC shall sit down with the learned Advocate General, Sindh and try to sort out the issue in a most amicable way and at the same time, resolving the issue of parking. Adjourned to next Session.
- 27. The applicant has appeared in person. She does not press this application as she has been asked to contact the Advocate General, Sindh, for redressal of her grievance. Disposed.
- 28. A copy of this application has been supplied to the Advocate General, Sindh, who seeks time to obtain instructions. The Commissioner, Larkana as well as the Deputy Commissioner, Jacobabad as well as Ijaz Jakhrani, Sajjad Jakhrani, Aslam Abro and Riaz Jakhrani of Jacobabad, shall appear before the Court on 16.06.2021. The DPO, Jacobabad, shall ensure that all these persons make their presence before the Court.
Headnotes / Summary
Khalid Javed Khan, Attorney General for Pakistan and Kashif Sarwar Paracha, Additional AGP for the Federation. Salman Talib ud Din, Advocate General, Sindh, Sibtain Mehmood, Additional A.G. Sindh, Naveed Ahmed Sheikh, Commissioner Karachi, Dr. Saeed Ahmed Qureshi, Focal Person of Chief Secretary, Asad Ali Khan, Additional Commissioner-I Karachi, M.D. Dharejo, DC Central and Irfan Saleem Meerani DC Korangi for the Government of Sindh. In Attendance: Umar Lakhani, Advocate Supreme Court for KMC (in C.M.A. 441-K of 2021). Dr. Raana Khan, Advocate-on-Record (in Criminal M.A.185- K of 2020). Faisal Siddiqui, Advocate Supreme Court (in C.M.A. 549-K of 2021, Criminal M.As. 199-K, 229- K of 2018). Nemo (in C.M.A. No.627-K of 2020). In person (in C.M.As. Nos. 671-K, 672-K of 2020, C,M,A, Nos. 586-K, 941-K of 2021, 946-K of 2019). In Civil Misc.Appeal 38 of 2021. Abid S. Zuberi, Advocate Supreme Court (in C.M.As. Nos.625-K of 2021, 86-K of 2020, 277-K, 278- K and 446-K of 2021). Salahuddin Ahmed, Advocate Supreme Court (in C.M.As. 74-K of 2020, 576-K of 2021). Mrs. Abida Perveen Channar, Advocate Supreme Court (in Criminal Org. P. No.8-K of 2021). Badar Alam, Senior Advocate Supreme Court, Syed Ashiq Raza, Advocate Supreme Court, Yawar Farooqi, Advocate Supreme Court, Muhammad Haseeb Jamali, Advocate Supreme Court, K.A. Wahab, Advocate-on-Record, Mazhar Ali B. Chohan, Advocate-on-Record, Kamal Azfar, Senior Advocate Supreme Court and Raja Qasit Nawaz, Advocate Supreme Court. Col. Badar Naveed Ahmed, Dy./Acting Commander 494, Group FWO and Abdul Basit Khan Tanoli, Legal Advisor for F.W.O. Habib ur Rehman, Secretary Railways, M. Hanif Gul, D.S. Railways, Amir Muhammad Daud Pota, D.G., KCR, Rao Moiuddin, ADLA, Karachi and Salman Kazmi, Legal Consultant for Pakistan Railways. Dr. Raana Khan, Advocate-on-Record and Syed Jameel Ahmed, Advocate Supreme Court for SBCA. Assad Ullah Khan, M.D. for KWSB. M. Idrees Mahsud, Member, Islamabad for NDMA. Nasir Abbas Soomro, D.G. and Mirza Sarfraz, Advocate Supreme Court for KDA. Laeeq Ahmed, Administrator, Azra Muqeem, Legal Advisor and Bashir Siddiqui Director, Anti-Encroachment for KMC. Syed Amjad Ali Shah, DPG for NAB. Khaqan Murtaza, DG and Nadir Shafi Dar, Deputy D.G. for CAA. Ambar Ali Bhai, Shehri for CBE. Adil Rafi, Director, Military Land and Cantonment, Karachi M. Saleem Hassan, CEO, Clifton Cantonment M. Farooqu, Military Estate Officer, Karachi, Omer Masoom Wazir, CEO, Korangi Cantonment, M. Umer Riaz, Advisor/Advocate Supreme Court on behalf of Cantonment Board, Karachi Region via Video Link Lahore, Rana Khawar Iftikhar, CEO, Faisal Haider Ali Sial, CEO, Malir, Qazi Rizwan Ahmed, CEO, Karachi, Cantonment and Umar Mehboob, CEO for Cantonments.
Judgment & Decree
GULZAR AHMED, C.J.
CMAs. Nos. 441-K and 549-K of 2021: We have heard the learned counsel for the parties. For reasons to be recorded separately C.M.No.549-K of 2021 is dismissed.
2. All interim stay/injunction and status quo orders passed by the Anti-Encroachment Tribunal, Karachi in suits filed before it, respecting Gujjar Nala and Orangi Nala are hereby vacated/recalled and the very suits in which such orders have been `passed, stand disposed of. The Government of Sindh, NDMA and the Administrator, KMC shall ensure that all lands of both the Nalas and right of way are cleared and the occupants of the land are suitably compensated and rehabilitated. Adjourned for 16.06.2021. C.M.A. No. 627-K of 2020:
3. None present. Dismissed for non-prosecution. C.M.A. No. 671-K of 2020:
4. We have heard the applicant, in person, who is unable to satisfy us as to what right he has to make the application. Dismissed. C.M.A. No.672-K of 2020:
5. Heard the applicant. No ground to maintain the application is made out. Dismissed. C.M.A. No.586-K of 2021:
6. We have heard the applicant, in person, who is unable to satisfy us as to what right he has to make the application. Dismissed. C.M.As. Nos.625-K and 576-K of 2021:
7. Mr. Munir A. Malik is stated to be in USA and is also on general adjournment. Mr. Salah-ud-Din, learned ASC, requests for an adjournment. Adjourned for 16.06.2021. C.M.A. No.964-K of 2019:
8. We have heard the applicant who appeared in person. No case is made out. The application is dismissed. C.M.A. No.74-K of 2020:
9. This application is with regard to providing of parking space for the Advocates and litigants, who come to High Court of Sindh, Karachi. As there is serious issue regarding availability of parking space, both Mr. Salah-ud-Din Ahmed, learned ASC and Mr. Omer Soomro, ASC shall sit down with the learned Advocate General, Sindh and try to sort out the issue in a most amicable way and at the same time, resolving the issue of parking. Adjourned to next Session. Cr. M.A. No.199-K of 2018:
10. The learned counsel states that this application has been filed with regard to the National Museum Building, situated at the Burps Garden, Karachi. He states that this very purpose of the application has been achieved in terms of order of this Court dated 11.12.2018. Disposed of as such. C.M.A. No. 86-K of 2020:
11. The Director General, KDA is directed to file a comprehensive report of his own regarding the plots alleged to have been allotted on the land retrieved from the Sea near Boat Basin, said to be numbering from COM-1, COM-4, COM-5, etc. Such report of the Director General, KDA shall be filed before the next date of hearing and he shall appear before the Court on 16.06.2021. He should also file the original plan of KDA regarding Clifton and Kehkashan Scheme. Construction activities on these plots are stayed. Notice be issued to purported owners of these plots for 16.06.2021. Cr
1. O.P. 8-K of 2021, etc. (Kidney Hill Park):
12. The Commissioner, Karachi is directed to implement the ant Court orders regarding removal of encroachments, of whatsoever nature, from the Kidney Hill Park. In case the Commissioner, Karachi fails to comply with the orders of Court, the Court will be constrained to pass coercive order. Adjourned for 16.06.2021. Crl. M.A. 229-K of 2018: KDA Officers Sport Cum Recreation Centre
13. The Administrator, KMC has been directed to clear all sort of buildings and the building material from the KMC playground situated at Kashmir Road, Karachi. All constructions, except swimming pool and tennis courts, will be removed from the said playground and thereafter, immediate plantation shall be made therein, and it will be opened to public and children for amusement use, for playing and for the purpose of exercise, etc., whenever they want. Appropriate walking track shall also be constructed. Except for security people, no other person shall be available there and no charges shall be made from the public for entering into the grounds. If anybody creates any obstruction for the people and children in entering into the grounds, same shall be considered as defiance of this Court's orders and shall be dealt with accordingly. To come up on 16.06.2021. Aladin Water Park
14. We are informed that amusement park by the name of Aladin Park, which was established as water park on Rashid Minhas Road, Karachi, has now been converted into a Pavilion Club and shopping centre, where commercial activities are being conducted. The Pavilion Club is a members' club and members are inducted in this club by payment of huge membership fee. This was not the purpose for which the Aladin Park was made Aladin Park should be brought in the same condition and used as was originally planned and all sort of constructions of Pavilion Club and shops, set up for commercial purposes, should immediately be demolished and all Malba (debris) should be removed therefrom. The Administrator, KMC so also Commissioner, Karachi are directed to do so. The Police Department so also the Pakistan Rangers shall provide all assistance to the Administrator, KMC and Commissioner, Karachi for making compliance of the Court's order. The Administrator, KMC and Commissioner, Karachi shall ensure that this very exercise is completed by them within a period of two days. To come up on 16.06.2021 when the report along with photographs will be submitted by the Administrator, KMC and Commissioner, Karachi. PLOT ST-14
15. It is informed that one Plot ST-14, Block-15, Scheme 16, situated on Rashid Minhas Road adjacent to UBL Cricket Ground is in the process of being encroached and some constrictions work is going on. Senior Director, Anti-Encroachment Cell, KMC is in attendance. He has been directed to ensure that this Plot, which is an amenity plot meant for park purpose, is got vacated from the encroachers and all constructions on plot ST-14 are demolished and removed immediately. The Administrator, KMC and Commissioner, Karachi are directed to ensure that proper park is built on this plot and no part of it is retained by any encroacher nor will it be used for any commercial purpose. Further, proper plantation and laying of grass shall immediately be commenced on this plot. A report in this regard be made available to the Court. C.M.A. 185-K of 2020:
16. This application has become infructuous, in view of earlier Court order and is dismissed as such. C.M.A. No. 423-K of 2021:
17. The matter regarding marriage halls has already been heard and reserved for orders. This application will also be decided along with those cases. C.M.A. No. 621-K of 2021:
18. The Director General, FWO is not present. Let compliance be made by the Director General, FWO. Adjourned to 16.06.2021. C.M.A. No.15-K of 2021:
19. There is a request on behalf of Mr. Raza Rabbani, ASC. Adjourned for 16.06.2021. C.M.As. Nos. 446-K and 426-K of 2021:
20. Mr. Abid Zuberi, ASC requests that these applications may also be adjourned to be heard along with C.M.A. No.15-K of 2021. Adjourned for 16.06.2021. C.M.As. Nos. 277-K and 278-K of 2021
21. Learned counsel for the applicant has informed that some meeting in the Governor House, Karachi has taken place, where the matter relating to the lands of Pakistan Railway, particularly in Province of Sindh has been discussed to be sold to the private developers.
22. We may note that in the one place Pakistan Railways is filing cases before various courts in the province of Sindh, including this Court, for obtaining of orders for vacation and retrieving of Railways' lands from encroachers, unauthorized occupants, illegal allottees and illegal lessees for Railways operational purposes. but on the other hand, the Pakistan Railways seems to be evolving some mechanism, by which the Railways' lands are planned to be doled out. Not an inch of Railways' land shall be sold, transferred. leased or by any means, given to any private person or to any of its employees. All Railways' land is required to be used for Railways' operational purposes and for no other purpose. We, therefore, direct that no Railways' land shall be sold by the Pakistan Railways or transferred, leased or allowed to be occupied by any person and shall be used only for Railways' operation purposes.
23. Learned Attorney General is present in Court has been put on notice to seek instructions from the Federation about the running of affairs of Pakistan Railways, more particularly, in the light of accidents, which are taking place every now and then, in which huge loss of life is incurred.
24. We are informed that Pakistan Railways' tracks from Khanpur to Kotri and from Sukkur Division to Karachi are altogether unserviceable and dangerous for the operation of Railways and until it is refurbished by new tracks, new surveillance system and other new infrastructure, the operation of Railways on these tracks will always remain under threat of major accidents. We also note that very functionality of the Pakistan Railways is not in a professional hands, rather is being operated by questionable officials, who have no capacity, capability or will to run the Railways and marred by corruption, making the operations of the Pakistan Railways altogether impossible. This state of affairs in Pakistan Railways prevailing from top to bottom and despite orders passed by this Court, nothing seems to have been done by the Federal Government. It is high time for the Federal Government to immediately look into the affairs of Pakistan Railways. Eventually, the Federal Government should immediately' get rid of all officials of Pakistan Railways, from top to bottom, who are incapable of delivering the services to Pakistan Railways and providing safe, secure and dignified travel to the people.
25. The Federal Minister of Pakistan Railways, after the train incident at Ghotki, has also made irresponsible statement, in that, he has stated that he will resign if the lives lost in the incident are resurrected. This is a mocking of people by the Railways' Minister, which is not expected from a person holding such a responsible position. The Minister of Railways so also the Secretary Railways and the Administration of Railways is directed to immediately refurbish the Railways track from Khanpur to Kotri and from Sukkur Division to Karachi by laying new tracks, new signalling system and providing all new infrastructure, and this positively has to be done with no amount of slackness. The Federal Government should also immediately step in for overhauling the Railways' administration. Learned Attorney General for Pakistan, who is present in Court, has been asked to seek instructions from the Federal Government addressing all the above issues and provide to the Court interim report on 16.06.2021. C.M. Appeal No.37 of 2021:
26. Adjourned for 16.06.2021. C.M. Appeal No.38 of 2021:
27. The applicant has appeared in person. She does not press this application as she has been asked to contact the Advocate General, Sindh, for redressal of her grievance. Disposed. C.M.A. No.941-K of 2020:
28. A copy of this application has been supplied to the Advocate General, Sindh, who seeks time to obtain instructions. The Commissioner, Larkana as well as the Deputy Commissioner, Jacobabad as well as Ijaz Jakhrani, Sajjad Jakhrani, Aslam Abro and Riaz Jakhrani of Jacobabad, shall appear before the Court on 16.06.2021. The DPO, Jacobabad, shall ensure that all these persons make their presence before the Court. C.M.A. No.770-K of 2020: K-EElectric
29. Notice to the Chief Executive Officer of K. Electric for 16.06.2021.
30. The matter regarding the supply of water has been taken up. The CEO, Cantonment Board so also the Managing Director, Water Board, states that neither the Cantonment Board is able to supply water to the residents of the Cantonment Board in Karachi nor the Water Board is able to supply water to the residents of Karachi. On the other hand, what we see is that water business by way of supplying through tankers is going on and huge money is charged from the residents of Karachi for supply of water to them by the water tankers. These water tankers take their water from the supply lines of the Water Board itself. Even in Cantonment areas and DHA, there is no supply of water to the residents and thereto water is being supplied through the water tankers. The reason given by the officials of the Cantonment Board is that the Cantonment Board is not getting its share of water from the Water Board, as was agreed in 1999 i.e. 9 Million Gallons per Day (MGD).
31. Be that as it may, there is ample supply of water made to the Karachi i.e. 450 MGD from Indus River/Keenjhar Lake and 100 MGD from Hub Dam. The Managing Director, Water Board, states that there is a need of 1200 MGD in Karachi and K-4 project has been initiated since 2007 from which additional supply of 650 MGD will be made to Karachi and on phase-1 of this project Rs.25 billion was approved, out of which Rs.11 billion have been spent and now the project has been taken over by WAPDA on the intervention of Federal Government. Let the Chairman, WAPDA as well as Project Director, K-4, shall appear before the Court and give a report regarding the status of K-4. Adjourned to 16.06.2021. Notice be issued to the Chairman WAPDA as well as Project Director, K-4 today.
32. Rest of the matters are adjourned for 16.06.2021. MWA/N-18/SC Order accordingly.