IN THE HIGH COURT OF SINDH AT KARACHI
Old Const. Petition No.D-594 of 2011
New Const. Petition No.D-2170 of 2011 (Karachi)
Date Order with signature of the Judge
1. For hearing of Misc. No.13492/2011.
2. For hearing of Misc. No.13493/2011.
3. For hearing of Misc. No.12125/2011.
4. For hearing of Misc. No.12126/2011.
5. For hearing of Misc. No.12127/2011.
6. For Katcha Peshi.
7. For hearing of Misc. No.11132/2011.
(Intimation Notice issued for 12.10.2011)
(Bailiff Report filed) (DJ Hyderabad’s Bailiff Report filed)
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Mr. Shafi Muhammad Memon, Addl. Advocate General Sindh along with Gulzar Ahmed Channa DIG Prisons Hyderabad Region, Abdul Majeed Siddiqui DIG Prisons Sukkur Region, Muhammad Anwar Malik Section Officer Prisons-I Home Department, Shabbir Ahmed Kalhoro Deputy Secretary Finance, Shakeel Ahmed Section Officer Finance Department, Pir Shabbir Ahmed Jan Sarhandi Superintendent Central Prison Hyderabad, Hassan Sahito Superintendent Central Prison Nara, Abdul Ghaffar Dahar Superintendent Central Prison-I Larkana, Muhammad Masood Memon, Superintendent Engineer, (PBC) Sukkur, Akhtar Hussain Dawach Executive Engineer Provincial Building Division Hyderabad, Syed Afaq Ahmed Rizvi Taluka Officer Regulation Taluka Municipal Administration City Hyderabad, Dr. Muhammad Hashim Deputy Secretary P&D Department, Khalid Siddiqui Chief of Physical Planning & Housing Section P&D Department, Nisar Ahmed Leghari Executive Engineer Rice Canal Division Larkana and Anwar Ali Samoo City Surveyor Hyderabad.
Mr. Ghulam Dastagir A. Shahani, Advocate for Applicant Tahir alias Aijaz Ahmed.
Mr. Zafar Ahmed Khan, Addl. Prosecutor General Sindh.
Mr. Ghulam Mustafa Jakhrani, Advocate along with Laung Khan Jakhrani Director HESCO.
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Superintendent Central Prison Hyderabad and Akhtar Hussain Dawach state that Rs.13 Million as was undertaken has been released and once this amount is utilized in Circle No.2 Divisions No.2&3 would be completed in all respects, whereas work of repair and renovation in Circle No.2 Divisions No.1&4 shall be undertaken once the amount is released under new Non-ADP Scheme. So far as Divisions No.2&3 of Circle No.2 are concerned, Executive Engineer Dawach states that repair and renovation work in 04 barracks and 08 varandas is in process and the same would be handed over within one month.
As to the District Jail Nara, it is stated by the Jail Superintendent that the work in the jail would commence once Non-ADP Fund are released. As to the electric connection, it is stated that the electric connection has been provided and only changeover and sub-meter are yet to be installed. He further says that once the changeover is installed by the Executive Engineer sub-meter would be installed. Mr. Dawach Executive Engineer states that he has been informed for installation of changeover only yesterday and that such changeover would be installed within seven-days and, thereafter, sub-meter and second connection would be energized. Once this line is energized the attendance of officials of HESCO would be exempted.
Superintendent District Jail Nara states that rain water is still logged in the jail premises as well as in the staff colony and on the road in front of the jail. Let DCO to look into it and to remedy the grievance and to submit compliance report. It is further reported by the Superintendent District Jail Nara that dirty water is being supplied in jail as due to damaged pipelines sewerage water is mixed with drinking water. The record reflects that earlier directions were given to the Superintendent Engineer / Chief Engineer, SITE Ltd. on the last date of hearing, neither anyone is present nor report as was undertaken by the Chief Engineer SITE Ltd. has been placed on record. Let notice be issued to the Chief Engineer SITE Ltd. for his personal attendance on the next date.
In respect of Badda land Mr. Ghulam Dastagir Shahani, learned counsel appearing on behalf of the applicant Tahir alias Aijaz who is raising construction thereon, states that such Badda land was allotted to Dur Muhammad through notification issued in the year 1975 by the Government and, thereafter, Dur Muhammad has sold said property to her daughter on 07.9.2007. Nisar Ahmed Leghari, Executive Engineer, has placed on record Deh Map of Larkana which reflects that on Survey No.506 jail is constructed then there is a Nallah / Badda and, thereafter, Survey No.507 is shown. Since the land between Surveys No.506 and 507 is of Irrigation Department and there is no notification on record to support the revenue record (Dakhil Kharij Form) which shows entry 36-0 ghuntas in the name of Dur Muhammad, therefore, unless the notification by virtue of which land was acquired by Dur Muhammad, who is of-course, father of the applicant as well as Mst. Khadija on whose name 26-0 ghuntas is claimed, matter still remains in dispute. The record further reflects that Mst. Khadija has not filed any application before this Court asserting her title on the Badda land or seeking vacation of status quo order. Mr. Shahahni says that the applicant is the brother of Mst. Khadija and he will obtain necessary power of attorney and fresh application would be placed on record on the next date and would withdraw present application. Once the claimants move application before this Court then the request for vacation of interim order would be considered. Let Revenue Officer Larkana to place on record on the next date original revenue records and notifications, if any, on the basis whereof Mst. Khadija claims 26-0 ghuntas.
DIG Prisons Sukkur Region states that the work on Badda land is still in progress despite status quo order. Mr. Shahani states that no construction work whatsoever is made. It is made clear that such fact would be verified from the District Judge, Larkana on the next date and in case the work is found in progress land would be taken over through the District Judge, Larkana.
Khalid Siddiqui, Chief of Physical Planning & Housing Section, P&D Department, states that the Home Department has submitted PC-1 costing Rs.1280.564 Million which has been considered and cleared by the Technical Committee on 27.9.2011 now it will go to the Provincial Development Working Party (PDWP) for its approval after receiving of summary from the Home Department and once the scheme is approved by the Chief Minister it will be included in ADP-2011 and, thereafter, fund may be released. Let process be completed within shortest possible time and a comprehensive report be submitted by PDWP on the next date. The presence of the officer Khalid Siddiqui is exempted till further orders. This order be communicated to the Secretary P&D through fax.
To come up on 16.11.2011. To be taken up at 11am.
JUDGE
JUDGE