Advocate general Khalid Jawed Khan, on behalf of the Sindh government, said that in compliance with the court’s direction passed on August 22, a meeting was arranged of all the relevant parties but no settlement could be reached. PHOTO: EXPRESS/FILE
Jehangir Ali along with another petitioner had gone to the high court seeking removal of the Rangers installation from his land near the Jamia Millia College in Malir.
The petitioners said that they own 3.2 acres of which 1.38 acres were unlawfully being used by the Rangers Bhittai Wing for parking. The Rangers are not ready to vacate the land even though the court passed a decree in the petitioners’ favour, alleged the petitioners’ lawyer, Khursheed Ahmed Qureshi.
Advocate general Khalid Jawed Khan, on behalf of the Sindh government, said that in compliance with the court’s direction passed on August 22, a meeting was arranged of all the relevant parties but no settlement could be reached.
According to him, the land in question was allotted to the Jamia Millia Government College on October 20, 1952 after which a college, comprising of student hostels, was constructed on it.
The piece of land, which the petitioners claimed was theirs, is situated between two hostels and could not be used for any purpose other than education, he maintained. He added that since neither the Sindh government nor the college were made party in the proceedings in which ultimately the decree was awarded in favour of the petitioners, the stance of both the parties could not be taken into consideration.
He requested for further time to file appropriate application in the suits, seeking to set aside the judgment and decree and modification of the orders passed in the petition in accordance with law.
The college’s lawyer, Wasiq Ahmed, told the court that he had also already filed a plea with the concerned court, pleading to set aside the judgment and decree, which is pending disposal and the petitioners were avoiding attending such proceedings.
He requested for time to obtain appropriate orders in this regard to show to the court that the petitioner has no lawful title in respect of the subject land.
The petitioners’ lawyer, however, disputed the contentions.
Justice Aqeel Ahmed Abbasi, who headed the bench, observed that it appears that the petition was disposed of in view of the statement given by the then Deputy Attorney General, who was duly assisted by the Pakistan Rangers Inspector, whereby the court stated, “Rangers will vacate the subject land, whereas no objection with regard to entitlement of the petitioner was raised.”
Entitlement to land
The judges observed that there was a judgment and decree in favour of the petitioners to show their entitlement, adding that unless such judgment and decree was either set aside or modified, no other claimant could come forward and raise objection regarding title of the subject land.
Adjourning the hearing for four weeks, the bench allowed the parties to approach the concerned court for setting aside the decree judgment or get it modified. “However, if no proceedings are filed and appropriate orders are not obtained from the competent court of jurisdiction, this court may be left with no option but to ensure that the earlier order passed by this court may be implemented,” the judges cautioned.
Published in The Express Tribune, September 19th, 2013.
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