Failed investment: 43 years later, citizens to regain possession of land

SHC orders land to be cleared of encroachments

KARACHI: Forty-two citizens, 43 years of struggle and money invested to build their dream homes. This is the story of the families who were allotted plots in then much sought after residential scheme - known as KDA Scheme 36 - in Karachi in 1970s.

This week they received a ray of hope to build their dream houses after the Sindh High Court (SHC) ruled in their favour, concluding a nine-year-old litigation initiated in 2005.

The two judges allowed as many as 30 petitions on the same issue - to get their plots back from land grabbers and start construction of homes on over 30 acres of land located in Gulistan-e-Jauhar. The court announced its judgment, ordering the Karachi Metropolitan Corporation to retrieve the 30 acres in question from the land grabbers and hand it over to the 'lawful allottees'.

Chief Justice Faisal Arab, who headed the division bench, announced the verdict, which was earlier reserved following lengthy hearings before another bench headed by Justice Sajjad Ali Shah.

A group of 42 petitioners, including Abdul Rahim Burney and others, said the erstwhile Karachi Development Authority allotted them plots of different categories in the Scheme 36 of Gulistan-e-Jauhar. The physical possession, however, could not be handed over to them because of encroachments on the plots.

In response to the petitions, the Karachi Municipal Corporation (KMC) authorities admitted that the plots are under the illegal occupation of the land grabbers. They assured that the land would be cleared of encroachments and handed over to the allottees when the law and order situation normalises.

During the course of the proceedings, interesting facts emerged as the board of revenue argued that the 30 acres, part of 2,000 acres of provincial land given to the Karachi Development Authority (KDA), was purchased by the private citizens who established Mir Khan Gabol village on it.

On the other hand, the KMC officials argued that the land was never purchased by the private citizens, adding that no such village existed there, except for a few shanties. Apart from determining the petitioners' claims, the provincial and local authorities' contradictory stance showed the state of running administrative affairs that had resultantly benefited the land grabbers.

In its ruling, the court directed the KMC authorities to retrieve the possession of the 30 acres from land mafia and hand it over to the original allottees.

As regards the law and order situation, the judges ordered the Sindh IG and Karachi police chief to provide all necessary backup to the KMC for taking back the possession of land. They were further directed to set up at least four police posts comprising not less than five police personnel each till the process of handing over the possession to the allottees was completed.

Published in The Express Tribune, July 26^th, 2015.