Petitions against regularisation of land dismissed

Court says such matters do not fall within constitutional jurisdiction

KARACHI:

The Sindh High Court has dismissed petitions challenging the regularisation of land in Gulshan-e-Iqbal, declaring them non-maintainable.

During the hearing of two petitions filed against the land's regularisation, the court observed that disputes related to land ownership and lease matters do not fall within constitutional jurisdiction. It directed that such issues should be taken to a civil court.

The petitioner's counsel argued that the Karachi Development Authority (KDA) had designated the land for a petrol pump under the master plan, and that granting permission for a multi-storey building on the site was illegal. However, the government lawyer contended that the land had already been allotted in 1963, prior to the KDA scheme, and that the petitioner was not a party to the matter.

In its remarks, the court emphasized that issues such as cancellation of a registered lease and determination of ownership fall within the domain of civil courts, and that a constitutional court cannot act as an alternative forum to a civil court.

The court further noted that, prima facie, the building plan approved by the Sindh Building Control Authority (SBCA) appears to meet legal requirements, and the petitioner failed to present evidence of any illegality. It was also observed that no construction has yet begun on the land, and that the dispute fundamentally hinges on resolving the question of ownership first.

Accordingly, the court dismissed the petitions as non-maintainable.