Bijnor Housing Society alottees see ray of hope

SHC sets Dec 21 deadline to end illegal possession and hand over the land to real owners


Our Correspondent December 12, 2023
A file photo of the Sindh High Court building.

KARACHI:

A generation has died, waiting for the possession of their land, their heirs have grown old running from pillar to post, yet the government fails to dislodge encroachers. This is a story of scores of housing schemes in the metropolis, and one of these is the Bijnor Cooperative Housing Society in KDA Scheme 33.

The Sindh High Court (SHC) has ordered to end the illegal occupation of Bijnoor Cooperative Housing Society land in Scheme 33 and hand it over to the society. A two-member bench headed by Justice Nadeem Akhtar, heard the petition.

The lawyer of the occupants stated that this land belongs to the Gharibabad Goth. Justice Nadeem Akhtar asked whether Goth in the urban area has been approved by KDA?

The lawyer of the occupants stated that 1,000 people are living in the Goth. Justice Nadeem Akhtar remarked saying there are 1,000 residents or 100,000, the land will not become the property of illegal occupants.

The lawyer of the Goth owners further stated that there are three madaris, a mosque and a school in the Goth. Justice Nadeem Akhtar remarked, it does not matter what is there in the Goth, you should provide the proof of ownership. In what capacity do you want to stop execution of court orders? Now it is going to bethe third generation waiting for the possession of their land.

The court expressed anger at the counsel of the occupants. Justice Abdul Rehman remarked that according to the notification, the Sindh government has cancelled the Gharibabad Goth.

The society's counsel submitted that in 2009, the Board of Revenue had declared the certificate submitted by the occupants as fake and bogus. In 2009, the Sindh High Court dismissed the petition of the occupation mafia and imposed a fine but the mafia has not submitted the fine till date. In 2009, criminal action was ordered against the officers involved in issuing fake certificates, but it has not been implemented.

The court rejected the plea of the residents of Goth to stop the operation on the society's land. The court set December 21 deadline to end the illegal possession and hand over the land to the society.

Read SHC orders production of absconding murder suspect

Repatriation of murder suspect ordered

The Sindh High Court (SHC) has issued directives to relevant authorities to intensify efforts for the repatriation of Taqi Haider Shah, the suspect charged with the murder of State Life Insurance Corporation officer Amjad Shah, who is currently residing in the UAE.

During a hearing led by Justice Naimatullah Phulpoto, the court expressed concern over the delay in bringing back the accused to Pakistan. The Ministry of Foreign Affairs officials appeared before the court, revealing that the UAE government has not responded to three remands sent by Pakistan.

The petitioner's counsel highlighted that the objections raised by the UAE government regarding the repatriation request have not been presented in court. Drawing attention to previous cases where suspects were successfully brought back from Dubai, the counsel argued that the situation with Taqi Haider Shah's case should be no different.

The Protocol Officer of Foreign Affairs clarified that the delay is attributed to the UAE's judicial system rather than the government itself. A remand was sent to UAE authorities on October 11, indicating ongoing efforts to secure the accused's return.

The court directed both the Ministry of Foreign Affairs and Interior to collaborate in their efforts to bring Taqi Haider Shah back to Pakistan. Expressing dissatisfaction with the lack of response from UAE authorities, the court adjourned the hearing for three weeks, with a warning that the Additional Secretary of Foreign Affairs must appear in person if no progress is made.

Notably, the petitioner, Mahim Amjad, is seeking justice for the 2008 murder of her father by a colleague in the State Life Insurance office.

Published in The Express Tribune, December 12th, 2023.

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