SHC stays auction of three sites for cattle markets

KMC, Malir DMC ordered to submit records regarding ownership of the land in question


Our Correspondent August 20, 2017
PHOTO: ONLINE

KARACHI: As Asia's largest cattle market of sacrificial animals is ready to be set up ahead of Eidul Azha, the municipal authorities fight over the collection of seasonal revenue that is estimated to run in multi-million rupees.
The matter of collection of fees and charges over the auction of the sites for setting up dozens of cattle markets in District Malir has landed in the Sindh High Court (SHC). Therefore, the SHC has temporarily stayed the auction of three sites located in Landhi and Aansoo Goth neighbourhoods.

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Meanwhile, the SHC has directed Karachi Metropolitan Corporation (KMC) and Malir District Municipal Corporation (DMC) to submit the record containing documents regarding the actual ownership of the land, where the DMC is allegedly unlawfully auctioning sites on the land owned by the KMC.
The KMC had approached the court to annul the advertisements that were published by the Malir DMC for auction of the sites allegedly without any authority and ownership.

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The legal officer for KMC informed the judges that the Malir DMC authorities had recently announced an auction of the sites in Landhi and Aansoo Goth, to award contracts for this purpose to the private contractors. The legal officer claimed that the land of the auctioned sites was the property of KMC, therefore, the DMC had no lawful authority to auction any site and award any contract.
On the other hand, the Malir DMC's legal officer contended that the DMC had the authority to allow setting up of cattle markets on the lands. It was argued that under the local government system, cattle markets had been allowed in the past - from 2001 to 2013 - by the Malir administration. Therefore, with the local government system installed once again, the Malir DMC had powers to auction the sites to set up cattle markets.

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However, the KMC's law officer told the judges that according to the laws, the DMC was required to fulfill the terms and conditions set by the metropolitan corporation. The lawyer alleged that the Malir DMC did not have infrastructure facilities, as required under the terms and conditions, to allow and maintain cattle markets.
Therefore, the court was pleaded to declare that the Malir DMC had neither authority nor the ability to maintain cattle markets on three sites, which it had illegally announced to be auctioned. The judges were requested to declare that KMC has the lawful authority to auction the sites and that the DMC's auction announcement be declared null and void.

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After hearing arguments from both sides, the judges told the law officers representing KMC and Malir DMC to submit the record, including all details and documents, regarding the ownership of the land in question, where three sites were said to have been announced for auction by the DMC.

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