Bad tenants: ATCs occupying land without rent for 16 years

The plot has been housing the anti-terror courts without compensation.


Our Correspondent January 17, 2015
The bench members clarified that in case of non-compliance of this order, appropriate orders for their appearance shall be passed on the next date of hearing, which is fixed on February 3. PHOTO: EXPRESS

KARACHI: The Sindh High Court (SHC) has directed the provincial chief secretary and the Karachi Metropolitan Corporation (KMC) administrator to file their replies regarding the non-payment of rent to the owner of a private property that has been housing the anti-terrorism courts for the last 16 years in Karachi.

The bench directed both the officers to submit their replies by February 3. The bench was hearing a petition filed by the owner of a private bungalow located in Sultanabad. Advocate MA Khan said the provincial government was occupying the 5,500-square-yard bungalow of the petitioner to house the anti-terrorism courts at Sultanabad for the last 16 years without paying a single penny as rent or compensation. Now that the premises have been handed over to the petitioner, it is short by 420 square yards, he added.

On November 25, the KMC law officer had informed the court that the Karachi Port Trust (KPT) had constructed a road, utilising some portion of the petitioner's land.

On the other hand, the provincial government's law officer had absolved the Sindh government of blame, saying they had nothing to do with the petitioner's land as the ATCs were accommodated by the KMC.

Shocked by the functionaries' treatment of the citizens, the judges had declared it "to be the height of maladministration on the part of both the provincial government as well as the KMC, as for 16 years the petitioner's property was occupied by the provincial government without the payment of any rent or compensation and now when it has been handed over it was short by 420 square yards."

During the last hearing, the KMC's lawyer had requested for time so that the matter may be considered by the administrator as there was a vacant piece of land adjacent to the premises, out of which the petitioner could be accommodated.

Granting time, the bench had also issued notice to the KPT chairperson to explain how a private property was utilised for the extension of a road without being acquired.

Moreover, the chief secretary was directed to look into the matter and respond whether the allegations were true.

The bench sought a response from the chief secretary and KMC administrator and had warned of calling them personally if they failed to respond. They were again ordered on December 8, 2014, to file replies as the two had failed to do so. On Friday, the chief secretary and KMC administrator once again failed to submit their replies.

Taking serious notice of their conduct, the judges summoned the chief secretary and KMC administrator to personally appear before the court.

The bench members clarified that in case of non-compliance of this order, appropriate orders for their appearance shall be passed on the next date of hearing, which is fixed on February 3.

Published in The Express Tribune, January 18th, 2015.

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