Sindh

Encroachment: Sindh High Court orders park’s inspection

Assistant Registrar ordered to inspect nursery and public park allegedly under illegal occupation in Korangi Town.

Ppi February 14, 2011

KARACHI: The Sindh High Court directed the Assistant Registrar to inspect a nursery and public park allegedly under illegal occupation in Korangi Town.

Plaintiff Syed Nadeem Ahmed Wasti instituted a lawsuit worth Rs360,000, impleading the City District Government Karachi, Assistant Town Officer (Anti-Encroachment) Korangi Industrial Area and Darul Uloom Karachi as defendants.

His counsel, Muhammad Anwar, submitted that the plaintiff had purchased 6,000 square yards (Plot No. ST-1 in Sector 28, Korangi), in 1980 from its original owner Mustafa Khan. In 1982, the property was leased in his name by the then KDA after he fulfiled the legal formalities. The plaintiff has been running nursery on the land to date.

He submitted that the plaintiff, who worked as the chief officer in Pakistan Merchant Navy, occasionally visited his property due to long duties at sea. In 1995, the Assistant Director (TB-II) delivered physical possession to the plaintiff, but the administration of the defendant Darul Uloom Karachi allegedly occupied some portion of his plot without fulfilling the legal formalities. He stated that the defendant Darul Uloom Karachi’s administration was claiming the land of the nursery and part of the plot earmarked for sports.

He prayed the court to declare the plaintiff the lawful owner of the property and direct the defendants to hand over possession of the usurped land. Justice Mushir Alam ordered: “Let an inspection be carried out by Pervaiz Alam, Assistant Registrar of this Court, and report on the ground position of the lease pot and also the nursery as claimed by the plaintiff. The report will be filed within ten days. The inspection will be carried out after due notice is given to the defendants.” The notice will be also issued to the CDGK lawyer Manzoor Ahmed so he ensures that officers responsible are involved. Till then, no action can be taken for the leased plot.

Published in The Express Tribune, February 15^th, 2011.