KARACHI: Builders restrained in ‘occupied’ land cases
By Our Staff Reporter
KARACHI, Sept 5: The Sindh High Court restrained builders and developers on Wednesday from raising any construction on or creating third party interest in over 130 acres of allegedly unlawfully occupied government land.
Identical restraint orders for maintaining status quo were passed in two different suits by Justice Anwar Zaheer Jamali and Justice Munib Ahmed Khan.
According to Additional Advocate-General M. Ahmed Pirzada, land grabbers were involved in collusive litigation in both cases and were abusing the process of law to secure a legal cover to usurp over 130 acres of government land.
In the first case, a partnership firm instituted a suit against a number of defendants claiming that they (the defendants) were ‘owners’ of 100 acres in Nai Bazaar, Deh Kharkharo, Gadap Town. The plaintiff firm purchased the land from the ‘owners’, who were not prepared to execute a sale and transfer deed even after receiving full payment of the agreed price.
The plaintiff also alleged that the defendants were demanding additional amount for executing a sale deed. They have threatened to resell the property to a third party if the demand was not met. The firm requested the court to direct the defendants to take all steps to transfer the ownership of the property to it.
Submitting revenue record and ‘property for sale’ advertisements published in the press, Mr Pirzada said plaintiff firm was, in fact, in possession of the property and planned to raise a housing project known as ‘Inara City Project’. He alleged that it was hand in glove with the defendants. The land belonged to the provincial government but had been illegally occupied by land grabbers and a legal cover was now sought through collusive litigation to continue illegal possession.
Justice Anwar Zaheer Jamali asked the parties to maintain status quo pending the hearing of the suit. No construction should be raised on and no third party interest created in the property.
The second case involved about 30 acres claimed by a co-operative housing society at Gulzar-i-Hijri, Scheme 33. It also cited the police as a defendant as the force was out to forcibly dispossess it of the property. The plaintiff society said the owners of the land had been paid over Rs92 million but were still reluctant to execute a final sale deed. It sought a declaration and an injunction in its favour.
Relying on revenue record, the AAG said the suit property was another piece of government land occupied by land grabbers in the name of a housing society. He requested an interim order for status quo in respect of the land.
Justice Munib Ahmed Khan restrained all the parties from dealing with the property pending hearing of the suit.
