SC declares grant of Gutter Baghicha land to KMC society illegal

ISLAMABAD:

The Supreme Court has held that the grant/allotment/lease of 200 acres of land at Sewage Farm, Manghopir Road, Karachi (Gutter Baghicha) to the Karachi Metropolitan Corporation (KMC) Co-operative Housing Society Limited is altogether illegal, not supported by law and is void ab initio.

"We, therefore, hold and declare that the grant of 200 acres of land by the Minister, Local Government, Sindh contained in the Minutes of Meeting dated 06.03.1993 mentioned in document dated 09.03.1993, the approval of the Government of Sindh vide letter dated 25.07.1993, the letter of allotment dated 03.08.1993, the letter of possession dated 03.08.1993 and the lease deed dated 11.08.1993, are all contrary to law, illegal and thus, set aside, resultantly, all consequential allotments made by the Society to its members are also declared to be contrary to law and illegal and the same are also set aside and cancelled," a 15-page order written by Chief Justice Gulzar Ahmed said.

A special bench comprising chief justice and Justice Ijazul Ahsan heard the constitutional petition against the allotment of 200 acres land of Gutter Baghicha to the KMC Co-operative Housing Society Limited, which was meant for park. The court directed the KMC administrator to utilise the land for the said purpose.

The apex court directed the KMC administrator to submit its report within two weeks showing compliance with its order.

The court order noted that since the time of partition a plot of land measuring 1,016 acres for Sewage Farm on Manghopir Road, popularly known as Gutter Baghicha existed in Karachi. It was said that the land was meant for amenity purposes.

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"This whole plot of land is now almost in the heart of the City of Karachi. The land of Gutter Baghicha belongs to Karachi Metropolitan Corporation (KMC) for developing it as a park and creating other amenities in it. With the passage of time, a certain portion of the land of Gutter Baghicha came to be occupied unauthorizely and it is alleged that some portion of it is occupied by Kachi Abadis while some part of it is occupied by factory or industry. Graveyards also exist on some portion of this land. On some portion of this land there is KDA Treatment Plant TP-I, Incinerator Plant and also Pumping Station."

The court said that KMC by law was mandated to establish and maintain parks in Karachi and ensure that none of the plots meant for such purposes were occupied and encroached upon.

"KMC seems to have failed in securing the land of Gutter Baghicha measuring 1,016 acres and allowed it to be encroached and there also seems to be some illegal allotments on portions of this Gutter Baghicha land", the order stated.

The top court further observed that the KMC, council, Sindh government or the local government minister were not empowered to grant 200 acres of land of Sewage Farm, Manghopir Road, Karachi (Gutter Baghicha) to the society.

The order said that the law did not allow such a grant, allotment or sale of land to the society for KMC employees for housing and commercial use. It said the land as noted in the very provision is to be used for establishing, maintaining or extending educational, religious and charitable organisations and for the benefit of public.

"Thus, from inception the Society has wrongly claimed the land granted to it under the provision of Section 45(5)(i) of the Ordinance of 1979 and the very grant made under this very provision by the Administrator/Council or the Government of Sindh is totally against the law and could only be considered as illegal but void exercise", the order said.

The court also noted that 200 acres of land had been granted/allotted/leased by KMC to the society for use of housing purposes of its own employees.

"This provision of law does not at all provide that the Council could grant, sell or lease the land of KMC to its own employees for housing and commercial purposes. The land which is allowed to be granted, sold or leased, in the first place is to associations, organizations, individuals or any department or institution of the Federal or a Provincial Government and that too for establishing, maintaining or extending educational, religious and charitable institutions and for such other purposes for the benefit of the public. Obviously, the allotment of land for housing and commercial purposes to the employees of KMC will not be that for the benefit of the public," the order noted.

The court also noted that the land of Gutter Baghicha was not a construction site where buildings for residential and commercial purposes could be erected.

The court order said that the whole land of Gutter Baghicha was an amenity land and could only be used for establishing a park.

“The leasehold right of amenity plot cannot be granted to a Society nor any such thing is provided in Rule 10 of the Rules of 1975,” the order said.