Beachfront property: SC stops Sindh from land transfer

Earlier, the apex court had stayed the sale of 600 acres of mangrove-covered land.


Hasnaat Malik December 16, 2014

ISLAMABAD:


The Supreme Court has stopped the Sindh government from transferring 350 acres of beachfront land at the Clifton beach.


The court has also issued notice to the Karachi Port Trust (KPT). The decision comes a few weeks after the apex court had issued a restraining order over the sale of approximately 600 acres of mangrove-covered land located between Zulfiqar Street No. 1, DHA Creek Avenue, and Korangi Road.



The petitioner, Transparency International Pakistan (TIP) had alleged that the Sindh chief minister recently approved the Sindh Board of Revenue's proposal for the allotment of 350 acres of land adjacent to the new breakwater in front of KDA Kehkashan Scheme 5, Block Nos. 2, 3 and 4, to the KMC. The land in question belongs to the federal government (KPT) and is worth Rs350 billion.

On November 26, the apex court had restrained the Sindh government from selling approximately 600 acres of mangrove-covered land, located between Zulfiqar Street No. 1, DHA Creek Avenue, and Korangi Road. The three-judge bench of the apex court, headed by chief justice Nasirul Mulk, is hearing two pleas, filed by TIP adviser Syed Adil Gilani regarding the alleged illegal transactions of land by the Sindh government.

On Tuesday, the bench maintained its earlier order, where every transaction with respect to the 600 acres of mangrove-covered land has been stayed. The court has also stayed the Sindh High Court proceedings in four cases relating to the ownership of the land and summoned the records of all litigation to decide its fate. There are at least four cases pending in the high court with regards to the subject land.

The court also asked the applicant, Adil Gilani, to appear in person on the next date of hearing as the Sindh government is completely denying the allegations leveled by him in the applications. Moreover, the bench directed the member of the land utilisation committee to submit a comprehensive report on the status of both the lands. The chief justice observed that all institutions were involved in the real estate business in the country.

Advocate Khalid Anwar, who was representing KPT, complained that his client had not been made a party in the case, even though they were the actual owners of the 35-acre land. The CJ questioned whether or not the KPT wanted to become a party in the case. When the counsel replied in the affirmative, the CJ remarked that the court will decide the ownership of the land. Justice Gulzar Ahmad said that the land along the beach had been occupied by building a fort in the area, adding that it seemed Pakistan will be merged with Dubai at some point. Subsequently, the case was adjourned till January 13.

Amenity plot

Another three-judge bench, headed by Justice Jawwad S Khawaja, has also issued contempt notice to the Karachi administrator as well as the general manager of Makro Habib over the non-implementation of the court's December 18 judgment, wherein the court had directed the wholesale giant to close down its huge commercial outlet in the Lines Area in three months and restore the 4.9 acres on which the structure was built to a playground.

Published in The Express Tribune, December 17th, 2014.

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