Public interest litigation: Court directs NAB to probe ‘misuse of amenity plot’

Land allotted to hockey association being used for commercial activities

KARACHI: The Sindh High Court referred on Wednesday to the National Accountability Bureau the matter regarding illegal commercial use of an amenity plot by several parties, including Dr Ziauddin Hospital in North Nazimabad.

A division bench, headed by Justice Irfan Saadat Khan, directed the NAB chairman to thoroughly probe the matter and submit a report within two months.

The bench is hearing a public interest litigation initiated on a petition filed by the United Human Rights Commission of Pakistan, an NGO.

Filing a petition in August last year, the group's general secretary, Rana Faizul Hasan, had sought demolition of the 'illegal' parking lot, marriage halls and other structures raised on the plot, ST-14, in North Nazimabad's block-B, which was originally allotted to the Hockey Association West for a playground.





Following the death of the petitioner [on April 21], the bench had converted the petition into public interest litigation. Notices were issued to the chief secretary, secretaries of home and local government departments, Karachi commissioner, Karachi Metropolitan Corporation's (KMC) parking department and anti-encroachment cell director, administrator of Dr Ziauddin Hospital, Sindh Building Control Authority's director for North Nazimabad and head of the hockey association.

During Wednesday's proceedings, no one appeared on behalf of the hospital or the hockey association despite summons having been served on them.

The two judges observed that the relevant documents were obtained from the KMC's law officer, Syed Sultan Ahmed, and after going through the copies and original ones, the files were returned to him, which he acknowledged in court.

The bench noted that it is seen from the record that the plot was allotted by the Karachi Development Authority, now City District Government Karachi or Baldia Uzma Karachi, in 1980. "It is apparent from the lease deed that the said amenity plot would be used exclusively as a playground by the hockey association," they observed.

However, the bench noted from the record that the plot was hardly used for the purpose and rather is used on a commercial basis - for parking, marriage hall and other purposes - "which is totally against the terms on which the said plot was allotted/leased out to the association."

Expressing their displeasure over KMC's performance, the judges noted that "this fact was very much in the knowledge of the relevant KMC officials, but no action was taken by them against the hockey association for misusing the plot for some obvious reasons."

They recalled that it was only when notices were issued to the respondents on the petition that some purported actions were taken by them [against the association].

The bench noted that "from the facts there appears to be a connivance between the Baldia [KMC], hockey association, hospital management to whom the said amenity plot was given for parking purposes, and persons running the marriage hall or conducting other activities [contrary to] why the plot was given to the hockey association."

The judges ordered that, "In our view, the matter requires investigation, we, therefore, under the circumstances, refer this matter to the NAB chairman for a thorough investigation and [direct him to] furnish a report to this court within two months."

Fixing hearing on August 16, the bench ordered its office to communicate the order to the NAB chief for information and compliance.

Published in The Express Tribune, May 12^th, 2016.