A three-member bench, headed by Chief Justice of Pakistan (CJP) Gulzar Ahmed and comprising Justices Faisal Arab and Sajjad Ali Shah, was hearing a plea against illegal occupation at the apex court's Karachi Registry.
According to the petitioner's counsel, the parks and horticulture director-general had sold the land in question in line with the law.
Justice Ahmed, however, pointed out that a large amount of money was found in the director-general's possession. "He sold lots of houses to make this money. What else is there around Hill Park apart from illegally occupied land?"
When the CJP inquired about the park's design, citizen Amber Alibhai said that they were preparing the design using modern technology. Adding that they were carrying out surveys and that the situation would soon be clarified, Alibhai sought a three-day extension from the court.
"This is a matter of citizens' rights. We will not let the rights be violated," remarked Justice Ahmed. He added that those purchasing the land should be responsible for confirming the legal status of the land as well.
The court sought a report and design plans regarding Hill Park and the land around it on March 26.
Plea rejected
The bench further rejected a review plea and other petitions pertaining to Royal Park, adjacent to Aladin Park in Gulshan-e-Iqbal.
Appearing on behalf of the affectees, Barrister Salahuddin maintained that the scheme's builder had made billions of rupees through them. "Where will the affectees go?"
The counsel representing Royal Park maintained that the project was approved in accordance with the law, while Nasir Hussain Lotha had purchased the land legally.
The CJP remarked that there was no survey number in the documents, adding that the buyer had all of a sudden acquired the land in 2010.
"How was the nullah land included in the surveyed land?" asked Justice Shah.
Meanwhile, the Royal Park lawyer claimed that Lotha belonged to the ruling class in Dubai and had invested around five billion rupees so far.
"What does it matter to us if anyone is among the rulers of Dubai?" asked the chief justice. "Our only concern is the law, and whether the land was transferred legally. Prove the legal status of the land."
The court rejected the review plea and the petitions filed by the scheme's allottees.
Rainwater flooding
Separately, the apex court ordered the East deputy commissioner to resolve the complaint of a woman who had filed a petition regarding the illegal occupation of a storm drain in Gulshan-e-Iqbal.
The petitioner informed the court that due to encroachments that had been set up on the drain, water entered her house every time it rained. She claimed that members of the Muttahida Qaumi Movement (MQM) had illegally occupied the drain, while the police and relevant authorities refused to take action against them.
She further accused MQM workers of threatening her.
Published in The Express Tribune, March 7th, 2020.
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