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05 October 2004
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Tuesday
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19 Shaban 1425
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KARACHI: Sindh govt quashes city nazim's notification
KARACHI, Oct 4: The Sindh government has quashed the September 25 notification issued by City Nazim Naimatullah Khan, with regard to the regularization of kutchi abadis, "as if it was never issued."
Through his notification, described by the provincial government violative of provincial laws, the city nazim had announced policy of regularization of all kutchi abadis on the land under the control of the city government. The land included that of the now defunct KMC, KDA, MDA, LDA, Orangi Township and LARP.
The CDGK notification provided that no leases would be granted by the Sindh Kutchi Abadis Authority in the kutchi abadis falling under the territorial limits of city district government Karachi.
It said that the NOCs, if any, issued earlier by the KMC, KDA and CDGK empowering the SKAA for regularization and leasing on CDGK land stood 'cancelled and withdrawn' with immediate effect and that the district registrar and concerned sub-registrar (properties), Karachi, had been advised to stop registration of leases by the SKAA for the lands falling within the limits of the CDGK.
Under the notification, for all kutchi abadis falling within the limits of the CDGK, the DO kutchi abadis was authorized to execute lease while any notification/order empowering any other officer in this regard, was withdrawn with immediate effect.
The Sindh government notification, issued on Monday, maintains that the subject 'kutchi abadis' has not been devolved to the CDGK by the provincial government. It argues that the kutchi abadis were being dealt under the Sindh Kutchi Abadis Act-1987 under the control and supervision of provincial government.
The notification further states that under Section-4 of the Sindh Local Government Ordinance-2001, the local governments are required to function within the provincial framework, adhere to the federal and provincial laws, and should not impede or prejudice the exercise of the executive authority of the provincial government.
"Since the city nazim has acted in a manner which amounts to the exercise of his authority beyond provincial framework, in violation of provincial laws, and has impeded and prejudiced the exercise of the executive authority of provincial government, and since the government of Sindh is satisfied that the notification dated September 25, 2004, issued by the city nazim is in complete violation of the provincial laws and the spirit of the SLGO-2001, the same is quashed as never been issued," states the Sindh government notification. -APP
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