The Supreme Court has declared the under-construction building of Tejori Heights in Gulshan-e-Iqbal 13-D locality illegal and the process of transferring its land a criminal offence.
Chief Justice of Pakistan Justice Gulzar Ahmed, in his remarks, said that the court will give its finding that the building is illegal. "We will order the demolition of whatever structure is constructed on the plot with detonators," the CJP remarked.
"Illegal construction is a never ending process and if not stopped, it will continue," he said.
"You can get anything done from the revenue department by paying money," Justice Gulzar remarked on argument of defence counsel Raza Rabbani.
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A Supreme Court bench, headed by the CJP and comprising Justice Ijaz-ul-Ahsan and Justice Qazi Muhammad Amin Ahmed, heard the petition of Pakistan Railways against the construction of Tejori Heights on alleged land of the Karachi Circular Railway (KCR).
Counsels for Tejori Heights Raza Rabbani, Abid Zubairi and others appeared in the court. Justice Ijaz-ul-Ahsan remarked that the defending party had no power of amendment other than the power of attorney. "The property was not transferred. Even if the amendment was allowed, the survey was 190. How can you claim an amendment in Survey 188?" Justice Ahsan asked.
Rabbani argued that the first sale deed of the suit land was made in 2011. Justice Ahsan remarked that the power of attorney belonged to Survey No190. The court asked how they could write the address of another property instead of one? The method adopted for transfer of land falls under the ambit of criminal offense."
Justice Ahsan said that the transfer of land took place so quickly that the mistakes were obvious.
Rabbani argued that there was occupation in Survey No190 and therefore alternative land was taken from Survey No188. "I think I am not being able to explain my position to the Supreme Court," Rabbani contended.
Justice Qazi Muhammad Amin Ahmed replied that the entire bench has understood what the defence counsel's case is.
The court said that the title may have been changed in government departments but not under the law. Justice Ahsan remarked that it was up to the defence to make claims against the government departments.
"It is clear that the property is not yours. We are yet to decide whether the land belongs to the Railways or not," the judge said.
The Supreme Court sought a reply from the defence counsel regarding demolition of the building.
The chief justice told the defence counsel to ask his client to reveal whether he would demolish it by himself or demolition orders would have to be issued. The court adjourned further hearing of the case till October 29.
Published in The Express Tribune, October 29th, 2021.
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