A three judge bench of the apex court, headed by chief justice Nasirul Mulk, while rejecting Sindh’s preliminary reply, directed the provincial government to file para-wise comments on TI’s application.
TI had claimed that land worth nearly Rs400 billion had been illegally allotted to a former secretary of the chief minister, who was now trying to build housing and other commercial projects on it. The land in question is an estuary of Arabian Sea with mangroves.
The bench also directed the Korangi Town DC to appear before the court on December 16 after he allegedly misstated in his reply that there are no mangroves in that area.
“There shall be no transaction what so ever in the future,” the chief justice said in his written order.
Earlier on October 30, the bench had issued notices to the advocate general, chief secretary and senior member Board of Revenue to file replies against the TI application.
TI had alleged that a number of people have tried to stake claim to the land through fake allotment letters, however, these efforts were thwarted.
The applicant further alleged that a high official, who at one point served as the secretary to the Sindh chief minister, now claims that the area was allotted to him by the Sindh Board of Revenue as compensation or adjustment for land in interior Sindh under a hardship case.
TI stated that there was litigation in the Sindh High Court in relation to this very stretch of land, but it has not been pursued with Supreme Court and that national interest had been compromised by all government functionaries.
The current value of developed land in the area is between Rs200 billion to Rs400 billion depending on the ratio of commercialisation.
TI further contended that the process of allotting approximately 600 acres of mangrove area to one person proves that the scheme was fraudulent.
On the other hand, Ahmar Peerzadah, counsel for respondents, has denied that a transaction for this land was carried out. He said that the land in contention had not been allotted, rather it was inherited. He further stated that four cases relating to this very area were pending in the high court.
While the government may have approved the move, the DHA has refrained from accepting the deal.
“There was and is no land in this part of Malir River and Creek, which is also full of Mangrove. The procedure of transfer of allotment of an area of land from one part of Sindh province to Karachi city or as matter of fact, even from one plot in KDA Scheme No 33 to KDA No 5 is unjustified as the value of same area of plot in KDA scheme No 33 may be 100 times less than the value in KDA scheme No 5 Clifton.”
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