HMC said to be exercising revenue dept powers

The Hyderabad Municipal Corporation’s (HMC’s) exercise of the revenue department’s powers over property matters has irked the Association of Builders and Developers (ABAD).

In a letter addressed to the administrator of HMC by ABAD’s Hyderabad region’s vice chairman Faraz Hussain Memon, the builders have also blamed certain officers for bribery.

According to ABAD, the HMC is not only using the authority which vests with the office of Mukhtiarkar but it is also trespassing the jurisdictions of the Sindh Building Control Authority (SBCA) and Hyderabad Development Authority (HDA). The corporation’s officers have been performing the acts of amalgamation, subdivision, mutation, change of land use from residential to commercial and approval for the additional floors in the apartments in Latifabad taluka of Hyderabad, ABAD says.

“HMC has no power over town planning and the building control.” Referring to section 72 of Sindh Local Government Act, 2013, Memon said the corporation cannot undertake such functions which are assigned to other government departments like the issue of town planning which falls under the purview of the HDA as per HDA Ordinance, 1976.

The association maintained that the corporation has been eliciting charge for the land conversion and for extra floors over ground plus one from the people including the builders. “Such actions on part of HMC are beyond the pale of law.”

Memon also gave reference of an October 3, 2017, order of the Sindh High Court in which it was categorically stated that the HMC has no powers to amalgamate or subdivide the plots, arguing that the same principle applied over land conversion and the extra floors. Another July 7, 2007, letter of the Sindh Local Government Department has barred the municipal authorities from practising the powers of the building control and town planning.

Memon deplored that despite the unambiguous provisions of the law, orders of the courts and the government notifications, the corporation’s officers are adamant over trespassing their domain and by doing so they have been causing problems for the people. He contended that the actions of those officers amount to contempt of the courts as well.

Following the ABAD’s correspondence, the municipal commissioner Fakhir Shakir wrote to the director land of the HMC to submit a comprehensive report about his wing’s record. In 2017 the former deputy commissioner of Hyderabad Anwar Ali Shar tried to get back the land record from the HMC, citing the Supreme Court’s 2012 judgment which had declared Mukhtiarkar as the custodian of the record of rights. However, after his transfer the efforts ground to a halt.

Latifabad

Latifabad is one of the four revenue talukas in Hyderabad and it also happens to be the only planned settlement. Most of the land was either donated by the descendants of the Talpur dynasty or it was acquired from them. Being the second most populated taluka, it is represented by one National Assembly member and two Sindh Assembly members. It is home to many commercial markets, including the rapidly growing commercial high street Autobahn Road.

Corruption inquiry

The Anti Corruption Establishment (ACE) has started an inquiry against MC Shakir, Director Land Arif Jahejo, who is a veterinary doctor as well, and clerk M Akram. The inquiry officer has summoned all these officials of HMC along with the record on October 26.

They will also have to show the record about their appointment, service and promotions. They will be asked to explain their use of the powers pertaining to land, residential and commercial properties as well as the revenue collection of the HMC through different sources including rents. The record of the promotions given to all the employees since 2020 has also been sought.

On October 10, Section Officer of ACE Qurban Ali Soomro wrote to the Sindh Secretary Local Government with reference to the inquiry against Shakir, Jahejo and Akram. The letter was titled complaint against mega corruption, misuse of power and violation of supreme court’s order pertaining to the land and immovable properties.

Published in The Express Tribune, October 24^th, 2022.