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November 4, 2003 Tuesday Ramazan 8, 1424


HYDERABAD: Court seeks action against officials: Renting out of footpaths



By Our Correspondent


HYDERABAD, Nov 3: The Sindh High Court, Hyderabad circuit bench, has called for action against Kotri municipal officers by the Sindh Ombudsman for illegally leasing out or renting out footpaths and streets and municipal assets.

Justice Amir Hani Muslim, in his detailed judgment in the matter issued here on Monday, said that the actions of the municipal officers were based on maladministration.

He ordered that copies of the order should be communicated to the Sindh chief secretary, local government secretary and advocate-general, Dadu DCO and Kotri taluka municipal officer for action and compliance.

Earlier, Justice Hani, through his short order dated Oct 6, dismissed a civil revision application filed by Sharifuddin.

The matter pertained to a portion of footpath of Shahrah-i-Liaquat, Kotri, which was rented out to Bhawanaml who subsequently sublet it to the applicant.

Justice Hani noted that the entire assets of Kotri municipality had been sold or rented out on permanent basis on meagre amounts of rent by the municipal officers to favour individuals and serve their own interests without observing formalities.

He said that the tenancy or lease agreements had no legal sanction for want of approval from competent authority and the acts had caused huge monetary losses to the municipality.

Footpaths, streets and roads could neither be rented out nor could they be allowed to be encroached upon, he said.

The court described the acts of the municipal officers as illegal and violative of the provisions of the Sindh Local Government Ordinance-1979 and the municipal laws.

The court further noted that the record did not contain any sketch, plan, plot number, specified area or any other description to identify plot.

The court ordered that both the private parties had no legal right to claim any right or seek any relief.

Dismissing the application, the court said that the officers had abused their authorities and misled subordinate courts by presenting the entries as lease documents.

NOTICES: The Sindh High Court, Hyderabad circuit bench, on Saturday issued notices to the district officer, revenue, Farooq Leghari, and City Mukhtiarkar Lal Dino Mangi on a contempt of court application filed by a woman.

In her application, Raeesa Begum said the SHC had issued directives to the respondents on May 20 to effect mutation of a house in favour of the petitioner in accordance with law.

She said even after the lapse of five months both the officials had not complied with the directives.

She said the officials had been deliberately dishonouring the SHC orders.






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