ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

Constitutional Petition No. D-1435 of 2003

Date Order with signature of Judge

1. For orders on CMA No. 13269/09.

2. For further orders on Nazir’s Reports dated 7/11/09 & 18.11.09.

3. For hearing of CMA No. 8397/08.

4. For hearing of CMA No. 2433/08.

21 December 09.

Petitioner, Abdul Rasheed, present in person.

Mr. Manzoor Ahmed, advocate for CDHK.

Mr. Ghulam Mohiuddin, advocate for Landhi Town.

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1. Granted.

2-4. The petitioners claim to have been dispossessed from Lines Area and have sought allotment of alternate plots to them from CDGK. They have based their claims for allotment of alternate plots on Shifting Slips. The petitioner in attendance states that the petitioners were occupying the plots in Lines Area without any entitlement and have not been able to file any document to show that they were bona fide occupants of the land in Lines Area. It is also stated that plots in Lines Area had no numbers. In the circumstances the very question of their entitlement to shifting slips becomes questionable.

Mr. Manzoor Ahmed, learned counsel for the CDGK, states that the shifting slips have all been managed by the petitioners who otherwise were not entitled to the same and there is nothing on the record to suggest that they were bona fide residents o Lines Area nor any land was taken from them.

It appears that on 20.11.2009 Mr. Manzoor Ahmed has stated that DO(Land) will submit report within seven days as regards the factual position. Such report, as admitted by Mr. Manzoor Ahmed, has not been filed by the DO (Land) as yet and he states that such has been done on purpose by him though Mr. Manzoor Ahmed had conveyed to the DO (Land) for compliance of the Court’s order. Let the DO (Land) appear in Court on the next date alongwith his report and the record of the land.

Mr. Manzoor Ahmed states that the petitioners are claiming alternate plots from a plot which is a model park on Plot No.ST-19-D situated in Sector 51-K, Koangi Township, Karachi. He states that from such model park as many as 27 plots have been carved out for allotment to the petitioners although there are only 14 petitioners in this petition. He states that the carving out of plots from the model park is all together illegal as the amenity plot cannot be allowed to be used for any purpose other than for which the same has been provided in the Master Plan.

We have before us a site plan of the said model park which apparently is signed by the Additional District Officer (PP), Deputy District Officer, District Officer (P&UD) of the CDGK Master Plan Group of Offices. Let such officers be present in Court on the next date to explain as to how and under what authority of law the said site plan has been prepared. In any case, the original Master Plan of Sector 51-K, Korangi Township, Karachi be also filed by the DO (P&UD). It may also be clarified as to what verification inquiry was carried out and what material was made available before the concerned authority for making the petitioners entitled to the shifting slips and the same may also be placed before this Court by the referred DO.

Adjourned to 21.1.2010.

J U D G E

Aamir/PS