IN THE HIGH COURT OF SINDH,
Const. Petition No.D-1405 of
2008
Date Order with signature of the Judge
For hearing of CMA No.9603/2011.
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Mr. Sameer
Ghazanfar, Advocate for Petitioner.
Mr. Manzoor
Ahmed, Advocate for CDGK along with Abdul Malik D.O.
Encroachment.
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Through listed application the
petitioners seek extension of four months time on purely humanitarian ground
for vacating the premises in their possession.
The instant petition was filed
seeking a declaration that removal notice dated 4.8.2007 issued by respondent
District Officer Revenue was without lawful authority. It was pleaded in the
petition that the petitioners were old occupants of Katchi
Abadi of Millat Colony and,
therefore, are entitled to lease hold rights instead
of directing their removal.
On the other hand, the respondents
justified their removal notice by pleading that a project of public importance
i.e. “road” is to be constructed on the said land. Consequently, this Court on
10.10.2008 while disposing of the entire petition though held the petitioners
and other persons who were in occupation i.e. 65 in numbers, “as encroachers”
but on humanitarian grounds by consent directed the respondents to allot them
two plots of 40 square yards each as compensation so that one should be sold
for constructing the other.
Learned counsel for the petitioners
initially argued that the allotment orders in respect of said plot till-date
have not been issued and, therefore, time accordingly be extended for vacating
the premises in possession of the petitioners and others. Mr. Manzoor Ahmed has pointed out that Provisional Allotment
Orders-Cum-Possession Letters have been placed on record on 03.2.2011 according
to the list prepared and the same can be collected from this Court. He further
stated that the construction of road has been considerably delayed and,
therefore, the petitioners are not entitled to further time.
In response, learned counsel for the
petitioner has stated that the respondents have given them a Provisional
Allotment Order of 80 square yards instead of two plots of 40 square yards
each. In reply, Mr. Manzoor Ahmed along with Abdul Malik, D.O. Encroachment, stated that the scheme for a plot
less than 80 square yards cannot be approved as amenities to such a small
scheme cannot be provided.
We have heard the learned counsel
for respective parties and have also gone through the Provisional Allotment
Orders-Cum-Possession Letters submitted by the respondents on record in respect
of the plots of 80 square yards each in the name of the petitioners and others
persons found in possession. Keeping in view that this Court has already held
the petitioners or the other occupants of Katchi Abadi of Millat Colony as
encroachers, though finding them not entitled to any substituted plot but with
the consent of respondents had directed allotment of two plots of 40 square
yards.
In our opinion, allotment of 80
square yards plot to each occupant as per list is sufficient compliance of the
order dated 10.10.2008. The petitioners and other occupants may collect their
Allotment-cum-Possession Orders from the Nazir of
this Court upon proper verification and identification, though there is a
hardly any justification of granting further time to the occupants for vacating
the premises in their possession, but in the interest of justice and in order
to provide final opportunity of shifting we will grant them two months time
from today.
JUDGE
JUDGE