KARACHI: Govt told to compensate owner of disputed plot
By Our Staff Reporter
KARACHI, Aug 29: A division bench of the Sindh High Court asked the provincial government to pay compensation to the purchaser of a plot allotted in 1976 or allot him another plot.
Petitioner Fiza Akbar Puri purchased ‘kiosk’ plot 13, Block 2, Scheme 45, Clifton, from Anwar Bhatti in March 2005. Bhatti had purchased the plot in 1994 from Ghulam Nabi Qureshi, who had purchased it from the original allottee, Mohtram Ali, 1n 1988. The allotment order was issued in 1976 but was cancelled in 2005 as it had been carved out of an amenity plot and also because the allottee or the purchaser had raised no construction on it. The petitioner said he was an innocent purchaser for consideration and could not be punished if there was any irregularity in the original allotment.
Appearing for the provincial government, Additional Advocate-General Dr Qazi Khalid Ali submitted that an amenity plot could in no case be converted into a commercial or residential premises under the law and the consistent judgments of the superior courts. The initial allotment was in violation of Article 52-A of the KDA Order of 1957. Relying on a number of SHC and supreme court orders, he said the conversion or utilization of an amenity plot for any other purpose was absolutely prohibited and even the KDA was not authorized to change use of an amenity plot.
The bench comprising Justices Anwar Zaheer Jamali and Syed Zawwar Hussain Jaffery remarked that the petitioner had a case in equity if not in law and equity required that he should either be paid compensation at the prevailing market rate or allotted an alternative site. The AAG said he would seek further instructions from the authorities concerned and was allowed adjournment for the purpose.
DDO SUMMONED: Another division bench comprising Justices Sarmad Jalal Osmany and Ali Sain Dino Metlo summoned the deputy district officer (revenue), Keamari Town, to answer the allegation that he hushed up an inquiry into illegal axing of mangrove trees and sale of reclaimed land at the instance of a former town nazim.
Petitioner-lawyer Shakeel Ahmed informed the court that an inquiry into activities of the land mafia was ordered by the city nazim and was associated with it on behalf of complainants. The DDO (revenue) gave a passionate hearing to the alleged offenders while the complainants and he as their counsel were given short shrift. The officials later sent him a letter saying that the inquiry had exonerated the former town nazim.
The DDO failed to appear on Tuesday and an official working in his place brought the record. The bench brought documents on record and asked the DDO to appear in person on the next date.
PETITIONER FINED: Yet another division bench comprising Justices Mushir Alam and Mohammad Afzal Soomro directed a petitioner non-governmental organization to pay costs amounting to Rs10,000 for making patently false allegations against a builder and the Karachi Building Control Authority.
The NGO, Struggle Trust, alleged that illegal construction in violation of the approved plan and the building regulations was being raised on plot number 279, Garden West, by a contractor and the KBCA was taking no action against him. In response to a court notice, KBCA counsel Shahid Jamil Khan appeared and filed an affidavit and comments on behalf of the authority.
The KBCA said the ground-plus-five-floor plan was approved for the plot and there was absolutely no violation so far. The mandatory compulsory open space had been left uncovered and the floors had been constructed strictly in accordance with the approved plan.
