KARACHI, Dec 6: A division bench of the Sindh High Court admitted on Thursday an appeal against the KDA, and granted stay against demolition of a structure on a piece of land in a green belt in Korangi industrial Area.
The bench comprised Chief Justice of the Sindh High Court, Justice Saiyed Saeed Ashhad, and Justice Musheer Alam.
The petitioner, Kunwar Qutubuddin Khan, chief organizer of the PML (P) and a former MNA, was represented by a former Judge, Sheikh Muneer-ur-Rahman, in the case.
It was the case of the plaintiff that 16 acres of land in question were duly first leased to his mother for 30 years for poultry farming by the then deputy commissioner.
Thereafter, in 1991 the Sindh government leased the said land, for 99 years, for industrial purposes. The plaintiff’s mother gifted 15 acres to him and one acre was given to his elder brother.
In 1999 the plaintiff received a notice from the defendant under section 3 of the Sindh Property (removal of encroachment) Act of 1975, alleging that he had illegally occupied the plot and had raised structures thereon.
The plaintiff contested the matter, and the court ordered maintenance of status quo on June 8, 1999. But this application was subsequently dismissed vide an order dated October 10, 2001.
The defendants had, in their counter-affidavit, maintained that the plaint of the plaintiff was liable to be rejected on the ground that under section 11 of the Sindh Public Property (Removal of Encroachment) Act of 1975, the jurisdiction of the court was barred.
The appellant termed the respondent’s contention illegal, ultra vires and maintained that the civil court had jurisdiction in the matter and further prayed for dismissal of the application.
The plaintiff prayed that the order passed by the single-judge bench was contrary to law and material available on record. The single judge did not consider or interpret sections 11, 13, of the Sindh Public Property (Removal of Encroachment) Act of 1975. His findings were bad in law.
