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May 22, 2007 Tuesday Jamadi-ul-Awwal 05, 1428





KARACHI: City govt officials told to compensate encroachers



By Our Staff Reporter


KARACHI, May 21: The Sindh High Court ordered four officials of the city district government on Monday to compensate encroachers who raised constructions on a plot in Korangi Town under their watch.

The owner of the plot moved a petition in the high court saying that the CDGK was not delivering possession of a plot purchased by him in a public auction.

He has paid the price in accordance with the terms and conditions.

The CDGK conceded that the plot was auctioned as claimed but several structures had been raised on it in the meanwhile and vacant and peaceful possession could not be delivered to the purchaser.

The unlawful occupants also joined in the proceedings claiming that they were allowed by officials to raise structures.

The court ordered an inquiry into the encroacher’ allegation. The inquiry report found former executive engineer Nisar Memon, ex-assistant engineers Amin Ahmed Bhatti and Mirza Amin Mughal, and sub-engineer Jamil Baloch responsible for the encroachments.

A division bench comprising Justices Amir Hani Muslim and Mrs Yasmin Abbasy directed the district co-ordination officer to initiate departmental proceedings against the four officials under intimation to the court. The plot on which illegal structures had been raised was ordered to be restored to the petitioner purchaser after removal of encroachments within four weeks.

The officials responsible for the encroachments shall compensate the occupants. Failure to comply with the ordered would entail contempt proceedings.

By another order, the bench dismissed applications moved by Zafar Husain Faridi for the restoration of 50 acres in Surjani Town allotted to him by the evacuee property trust in 1988.

It pointed out that a consent order passed by the court in 1994 obliged him to deposit about Rs60 million in order to acquire a valid title to the property.

However, he failed to make the full and final payment and approached the court for transfer of the property.

ATTACHED: The bench also ordered the attachment of constructions raised by encroachers on a 5.8-acre plot (ST-19) in Sector 14-B of North Karachi Township.

City district government counsel Syed Jamil Ahmed submitted that the plot was meant for civic facilities but illegal occupants had built houses on it. The court nazir visited the site and attached the illegal structures. The occupants were restrained from raising further constructions or creating third party interest.

The bench upheld a single judge’s order appointing a receiver for a five-acre plot in sector K-28, Hawkesbay.

Advocate Saathi M. Ishaque submitted on behalf of Shabbir Qureshi that he was the real and only owner of the plot but a claimant holding himself out as purchaser was leasing out small plots carved out of his land. Claimant Saeedur Rehman said he had purchased the land and was sub-leasing it as the rightful owners.

Justice Qaiser Iqbal appointed a receiver for the property and the bench dismissed an appeal against her order.






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