Ordinance for removal of encroachments
KARACHI:
Sindh Governor Dr Ishratul Ebad Khan issued the Sindh Public Private Property (Removal of Encroachment) Ordinance 2010 to ensure the removal of encroachments from public property and to retrieve possession of the land. The ordinance comes into force with immediate effect.
Under the ordinance, the Government or any authorised officer can direct the removal of encroachments within two days or as specified in the order. If tenants or proprietors continue to retain unlawful possession, after the expiry of a lease or license, they can be deemed responsible for encroachment.
According to the ordinance, if a government official is certain that an unauthorised construction on public land is being carried out, the official can direct the responsible person to stop the construction. If the person responsible and his accomplices disobey the directives given to him, under sub-section (3), they shall be punished with either a six-month imprisonment or a fine not less than Rs50,000 or both.
Any person dissatisfied by the order passed under the sub-section may ask the government to prefer a review petition within three days. The government, after perusing the review petition and giving an opportunity to the petitioner of being heard, can modify or vacate the order within 15 days after receiving the petition.
If any person refuses or fails to vacate the public property or remove the unlawful construction three days after the order or after the review petition is dismissed, he shall be evicted by an officer authorised by the government. According to the ordinance, if any authorised officer requires police assistance to take action against responsible people, he may send a requisition to the officer who is in charge of a police station within the premises of the public property.
Published in the Express Tribune, June 11th, 2010.
Sindh Governor Dr Ishratul Ebad Khan issued the Sindh Public Private Property (Removal of Encroachment) Ordinance 2010 to ensure the removal of encroachments from public property and to retrieve possession of the land. The ordinance comes into force with immediate effect.
Under the ordinance, the Government or any authorised officer can direct the removal of encroachments within two days or as specified in the order. If tenants or proprietors continue to retain unlawful possession, after the expiry of a lease or license, they can be deemed responsible for encroachment.
According to the ordinance, if a government official is certain that an unauthorised construction on public land is being carried out, the official can direct the responsible person to stop the construction. If the person responsible and his accomplices disobey the directives given to him, under sub-section (3), they shall be punished with either a six-month imprisonment or a fine not less than Rs50,000 or both.
Any person dissatisfied by the order passed under the sub-section may ask the government to prefer a review petition within three days. The government, after perusing the review petition and giving an opportunity to the petitioner of being heard, can modify or vacate the order within 15 days after receiving the petition.
If any person refuses or fails to vacate the public property or remove the unlawful construction three days after the order or after the review petition is dismissed, he shall be evicted by an officer authorised by the government. According to the ordinance, if any authorised officer requires police assistance to take action against responsible people, he may send a requisition to the officer who is in charge of a police station within the premises of the public property.
Published in the Express Tribune, June 11th, 2010.