November 12, 2008	Wednesday	Ziqa'ad 13, 1429

KARACHI, Nov 11: The Sindh High Court suspended on Tuesday all land transactions in KDA Scheme 33, which includes Gulistan-i-Jauhar, pending a board of revenue inquiry into widespread complaints of forgery and fabrications in the revenue record.

The order was passed by Justice Amir Hani Muslim when Advocate M. Ahmed Pirzada, Board of Revenue counsel, informed him that the board was conducting an inquiry into the allotment of land in the scheme as a number of forgeries and tampering of the record of rights had been alleged and had actually come to light. The senior member of the board, he informed the court, has constituted a committee for scrutinising the record.

The judge was hearing an application filed by Mst Noor Jahan against a compromise decree and judgment allegedly obtained by fraud and collusive litigation to deprive her about 30 acres allotted to her in Scheme 33. She alleged that the parties to the compromise manipulated the record in collusion with the revenue officials. Action would be taken against the officials found involved in fabrication of record, the BoR counsel informed the court.

Justice Mrs Qaiser Iqbal, meanwhile, reserved the decision on a suit instituted by Mst Shahana Zehri claiming that she had been given ownership rights over 250 acres of land in the scheme. The claim was contested by the BoR counsel, M. Ahmed Pirzada, who said that the plaintiff had only been given possession of the land through Form VI. The possession could not be converted into ownership, which was conferred through Form VII. There was no provision in the Land Revenue Act or any other law for conversion of the right to possess into the right of ownership.

Special cattle fee suspended

Justice Nadeem Azhar Siddiqui stayed the recovery of the special fee of Rs250 on cows and buffalos and of Rs75 on goats and sheep by the Malir municipal administration in view of the forthcoming Eidul Azha. The court noted that the defendant nazim and town municipal officer of Malir Town and the executive district officer of the city district government have not appeared despite notices. The counsel for the plaintiff cattle owners, Advocate Patras Piyara, submitted that the cattle traders were being subjected to pay an unlawful and unjustified levy and the respondents were avoiding appearance to evade judicial scrutiny.

The plaintiffs submitted that the town municipality could only charge Rs20 per big sacrificial animal and Rs20 for the entry of goats and sheep, etc. The last notification issued on July 19, 2007, prescribed the rates and no subsequent notification has been issued to enhance the fee. Directing the defendants to appear on Nov 21 without fail, the court restrained the defendants from recovering the ‘special fee’ till that date.

Access to justice

A division bench consisting of Chief Justice Anwar Zaheer Jamali and Justice Syed Pir Ali Shah issued notices to the federal law ministry, the provincial law department and other respondents in a petition moved by Advocate Islam Hussain for easy access to inexpensive justice.

The petitioner-lawyer submitted that the access of justice

programme has overlooked the basic requirements of the litigants and courts. No provision, for instance, has been made for installation of power generators and air-conditioners in courtrooms. There are no lifts in the city court premises and senior lawyers and litigants find it difficult to climb the stairs. The court fee has not been reduced. Judicial vacancies are not at times filled in time causing hardship to the litigant public. A vacancy in the Federal Service Tribunal had prevented the tribunal from hearing appeals for the last 18 months.He sought, among the measures, reduction in the court fee, installation of elevators, power generators and air-conditioners, streamlining of the bailiff branch so that notices do not remain unserved due to non-payment of bribes, and increase in the court staff remunerations.

FIR registration

Another division bench comprising Justices Azizullah M. Memon and Syed Pir Ali Shah asked the police to entertain the complaint of petitioner Qamaruddin Arain against a security agency which has allegedly dispossessed him of 184 acres of farmland leased out to him by the army authorities since 1992. The petitioner said he developed the barren land and spent a huge amount on farm machinery, leveling of the land and growing an orchard. The value of the land increased manifold and the authorities decided to lease the land out to a favourite.

A security agency was employed to harass and dispossess him. It got a case registered against him but his own complaint against the agency was ignored by the police, he alleged.