ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

C.P. No.D-3987 of 2013

___________________________________________________________________ Date Order with signature of Judge

___________________________________________________________________

FOR DIRECTION:

1. For order on CMA No.23150/2022.

2. For hearing of CMA No.3216/2017.

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Dated; 16^th March 2023

Mr. Muhammad Akram, Advocate for Petitioner.

Ms. Nazia Siddiqui, Advocate for KDA.

Mr. Dhani Bux Lashari, Advocate for SBCA.

Mr. Suneel Talreja, Addl. A.G. Sindh.

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Learned counsel for KDA has filed interim compliance report alongwith annexures and submits that various letters have been issued to the District Management, Law Enforcement Agencies, including concerned police and the Rangers to ensure compliance of Court’s orders, however, proper assistance and the required equipment and personnel have not been provided for removal of encroachment on the subject seven industrial plots. Such interim compliance report is reproduced herewith: -

“It is significant to bring to the gracious notice of this Honorable Court for just and proper adjudication of the above noted matter that the Karachi Development Authority keenly fixed the date for removal of encroachment for retrival of land so many times and lastly 21-02-2022, 08-11-2022 and 14-11-2022. Copy of the letters are enclosed as Annexure A, A-1 & A-2.

Further, the names of the encroachers / land grabbers published through Final Show Cause published in the leading News Papers namely Daily Express and Jahan-e-Pakistan on 12-11-2022 and 13-11-2022, Under Section 3 (1) Sindh Public Property (Removal of Encroachment) Act, 2010. Copy of the Newspapers clipping are enclosed as Annexure B & B-1.

It is further submitted that the KDA published the Notices for awareness of the Public at large, that the some land grabbers are selling KDA plots to people on forged documents in KDA Scheme-41, Surjani Town. The Land Department, KDA warn to the general public against selling and purchasing plots from illegal societies including the Sector-8 in the name and style of Saif-ul-Mari Goth and Karim Dino Goth. The publication published in the Newspapers Daily Indus Dated 12-11-2022, Daily Dawn, Dated 13-11-2022 and Daily Sarwan Dated 15-11-2022. Copy of the Newspapers clippings are enclosed as Annexure C, C1 & C2.

After completion of the proceedings the FIRs lodged against the land grabbers in the Anti-Encroachment Police Station bearing Nos.36 & 37 of 2022, which are still under trial before the Special Court of Sindh Public Property (Removal of Encroachment) which was established under the Sindh Public Property (Removal of Encroachment) Act, 20109.

Due to the shortage of resources of the KDA as example the 13 Police Constables and 2 Police Officers posted in KDA Police Station without basic requirement Tear Gas (Shell) and despite of so many requests made before the High-up’s of the Law Enforcing Agencies even the Court orders has not been materialized due to the non-cooperation of the Law Enforcing agencies.

In view of the above, it is earnestly prayed that this Honorable Court may graciously be directed to the Director General, Pakistan Rangers, Inspector General, Sindh Police, and Commissioner, Karachi to take coercive measures for deployment of sufficient Police Force including sufficient Pakistan Rangers with the coordination of the District Administration to comply the Honorable Court orders in the best interest of the justice.”

It is regretted to observe that instant petition was disposed of vide order dated 04.08.2014, whereby, the KDA authorities were directed to handover the possession of seven plots to the petitioners/ allottees within two weeks, whereas, as regards to the encroachment, petitioner was required to specify such encroachment, which appears to have been specified. However, inspite of considerable lapse of time, KDA authorities did not handover the possession of said plots to the petitioner/allottee on the pretext that subject plots are duly encroached by land grabbers/illegal occupants. Petitioner filed contempt application before this Court on which order was passed on 06.09.2018 in the following terms: -

“Learned counsel for the KDA submits that in compliance of the order of this Court efforts were made with the assistance of police and Pakistan rangers on different dates for removal of encroachment from the subject land but no result has been achieved as yet. However, an FIR bearing No.509/2018 at P.S. Surjani Town has been lodged against the encroachers, copy thereof is placed on record by the learned counsel for KDA. Alleged contemnors are directed to continue their efforts for removal of encroachment from the subject land and DIG Police, District West and D.G. Rangers are directed to provide requisite force to the officials of the Anti-Encroachment Cell, KDA to remove illegal encroachment. K-Electric, Sui Southern Gas Company, KW&SB and other utility agencies are directed to disconnect their respective connections from the subject land. Encroachment should be removed within thirty days’ time and alleged contemnors are directed to submit report on or before the next date of hearing. Adjourned to 18.10.2018.

Office is directed to communicate copy of this order to DG Police, District West, D.G. Rangers and all utility agencies, referred to above, for information and compliance.”

However, inspite of repeated similar orders, needful has not been done, whereas, today similar request has been made while stating that the police and Rangers are not cooperating.

It appears that KDA has a separate department of Estate & Enforcement, which regulates the matters relating to securing the possession of KDA land and also removal of encroachment on KDA’s land, however, it appears that no proper staff, force or equipment is available with KDA to carry out their legal obligations. Under these circumstances, we would direct that Director General, KDA and the Chief Secretary, Government of Sindh to be in attendance on the next date of hearing, with some proposals, as to how to increase the strength and capacity of the aforesaid department of the KDA so that the KDA authorities will be able to safeguard their land and also to remove encroachments thereon on their own strength and resources in accordance with law, instead of asking other law enforcement agencies, which can provide assistance only in limited cases where Courts so directs as there seems no legal provisions in KDA Act to this effect.

To come up on 30.03.2023, to be taken up at 11:00 A.M. In the meanwhile, concerned police and Rangers are directed to provide assistance to the KDA authorities and to ensure compliance of Court’s orders, failing which, appropriate action will be taken against the delinquent officials for non-compliance of Court’s orders.

Copy of this order may be supplied cover-in-hand to the learned counsel for KDA and learned Addl. A.G. Sindh for onward transmission to the concerned authorities for compliance.

J U D G E

*Farhan/PS*