The area is an estuary of the Arabian Sea and comprises of mangroves.
A three-judge bench, headed by Chief Justice Nasirul Mulk while rejecting the preliminary reply, has directed the provincial government to file para-wise comments over the TIP’s application, wherein it is stated that approximately Rs400 billion land has been illegally allotted to former secretary to chief minister Sindh and now he is trying to develop this mangroves areas for housing societies and other commercial purposes.
The bench has also summoned Deputy Commissioner Korangi Town on December 16, who misinformed in the reply that there are no mangroves in that area.
“There shall be no transaction what so ever in future”, the chief justice said. During the hearing, Hashmat Habib advocate appeared on behalf of TIP advisor Adil Gilani.
Earlier, the bench on October 30 issued notices to advocate general, chief secretary and senior member Board of Revenue over the TIP application, which was received by SC Human Rights cell.
TIP has alleged that fake allotment letters were produced in past by various claimant of this area but their fraudulent efforts were not successful due to vigilant civil society/judiciary.
The applicant alleged in the application that a high official, who is also a former secretary to the Sindh CM claimed that this area has been allotted to him (or in names of relative or associate or a benamidar) by Sindh Board of Revenue as a compensation or adjustment with other land in interior Sindh under the illegal grounds of hardship case.
The application states that there was litigation in Sindh High Court on this area but the litigation has not been pursued with high court/supreme court and national interest has been compromised by all the government functionaries. The current value of developed land in the area is between Rs200 billion to 400 billion depending on the ratios of commercialisation.
The TIP contends that the whole process of allotment of approximately 600 acres mangroves area to one person in itself proves that the whole scheme is fraudulent.
It is however stated that DHA has wisely refrained from accepting the deal on the ground of legal ownership of the area.
“There was and is no land in this part of Malir River and Creek, which is also full of mangrove. The procedure of transfer of allotment of an area of land from one part of Sindh province to Karachi city or as matter of fact, even from one plot in KDA Scheme No.33 to KDA No.5 is unjustified as the value of same area of plot in KDA scheme No.33 may be 100 times less than the value in KDA scheme No.5 Clifton.”
The applicant further stated that the apex court should be settled that how can anyone in Sindh government allot an area of sea or a creek in lieu of a land.
On the other hand, Ahmar Peerzadah counsel for respondents completely denied the transaction of this land has been done, adding that this is not allotted land but also inheritance land. He further stated that four cases related to this area are pending in the high court.
The bench, however, was not satisfied with the provincial government’s reply and summoned DC concerned on the next date of hearing. The bench has also sought para-wise comments over the TIP’s plea.
Justice Gulzar Ahmad observed that hundreds acres of state land is being distributed in the province of Sindh. The hearing of case is adjourned until December 16.
Published in The Express Tribune, November 27th, 2014.
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Watching out for Judgement . Let see if the fraudulent people get any jail time .. hardly unlikely since they are minister and cheifs