Lethargic defence: Court displeased with how BoR handles cases
Innocent people being lured into transactions through manipulation, bench observes.
KARACHI:
Officials representing the Board of Revenue (BoR) were unable to respond to a number of queries raised by the Sindh High Court division bench on Tuesday, which displeased the judges.
The bench, comprising Justice Mushir Alam and Justice Aqeel Ahmed Abbasi, was hearing a constitutional petition filed by Fakih Alam since August 2007 when the Malir Development Authority (MDA) and other officials demolished sheds and other construction on his four-acre poultry farm in Deh Joreji, Malir district.
The bench observed that the court has many times voiced its concerns over the proceedings of revenue cases and the way they are being defended. “Today, too, the officials present in court are not able to render assistance.”
“This happens because revenue records and documents are issued by the authority concerned without seriously verifying credentials of codal formalities and procedures. When it comes to court for adjudication, [they are] unable to protect and defend their own revenue record.”
Some unscrupulous elements, in connivance with revenue officials, make fake entries to give authenticity to some documents and so innocent people are lured into transactions, the bench observed. When cases are filed or ownership of land is claimed with such documents, it becomes difficult for the court to sieve the truth from manipulation, it added.
The bench concluded that the the officials present in court “are either highly incompetent or corrupt”.
It was also observed that no proceedings for acquiring government land were recorded and despite assurances and directions by the officials concerned, they were unable to make any progress and cut a sorry figure before the court.
The bench warned the land utilisation secretary and BoR senior officials that if they failed to assist the court, then the matter will be decided on whatever was available on record and BoR alone will be responsible for any decision. Both the top provincial government functionaries were directed to improve the revenue department.
Published in The Express Tribune, December 22nd, 2010.
Officials representing the Board of Revenue (BoR) were unable to respond to a number of queries raised by the Sindh High Court division bench on Tuesday, which displeased the judges.
The bench, comprising Justice Mushir Alam and Justice Aqeel Ahmed Abbasi, was hearing a constitutional petition filed by Fakih Alam since August 2007 when the Malir Development Authority (MDA) and other officials demolished sheds and other construction on his four-acre poultry farm in Deh Joreji, Malir district.
The bench observed that the court has many times voiced its concerns over the proceedings of revenue cases and the way they are being defended. “Today, too, the officials present in court are not able to render assistance.”
“This happens because revenue records and documents are issued by the authority concerned without seriously verifying credentials of codal formalities and procedures. When it comes to court for adjudication, [they are] unable to protect and defend their own revenue record.”
Some unscrupulous elements, in connivance with revenue officials, make fake entries to give authenticity to some documents and so innocent people are lured into transactions, the bench observed. When cases are filed or ownership of land is claimed with such documents, it becomes difficult for the court to sieve the truth from manipulation, it added.
The bench concluded that the the officials present in court “are either highly incompetent or corrupt”.
It was also observed that no proceedings for acquiring government land were recorded and despite assurances and directions by the officials concerned, they were unable to make any progress and cut a sorry figure before the court.
The bench warned the land utilisation secretary and BoR senior officials that if they failed to assist the court, then the matter will be decided on whatever was available on record and BoR alone will be responsible for any decision. Both the top provincial government functionaries were directed to improve the revenue department.
Published in The Express Tribune, December 22nd, 2010.