KARACHI, Jan 4: The Sindh High Court restrained on Friday the PAF from constructing boundary wall on the eight acres of disputed land at the PAF base MAsroor, until the next date of hearing.

Justice S. A. Rabbani passed the restraining order in the application pertaining to a suit filed by Mohammed Imran Abdul Aziz. The plaintiff claimed that the land was allotted to him by the provincial government and that the PAF authorities had no right to deny him that.

Federal counsel Syed Tariq Ali had raised objections to the official assignee’s report on Jan 1, claiming that the provincial government could not allot the federal government’s land.

His contention was that the suit was not maintainable for non-joinder of necessary party, the federal government, which was the owner of the land, under article 274 of the constitution, and all land and assets worth billions of rupees within the boundaries of the PAF base Masroor.

Objecting to the official assignee’s report the federal counsel submitted that the PAF base Masroor was a frontline base and the land in question had been in possession and use of this base since the Second World War when it was established as Mauripur airfield. During the India-Pakistan war of 165 this base had been modernized and expanded.

He contended that, at present, in the face of very grave threat of war from India, the small portion of boundary wall around the base, which had been left open and unconstructed under an order dated April 26, 1995 in suit No 401 of 1993 (Usman Panjwani Vs Commanding Officer PAF base Masroor and others), pending in the High Court.

He submitted that in a order dated December 13, 2001, passed in KCA No 305 of 2001, the construction of boundary wall on the open portion had been allowed and the construction was in progress. The plaintiff filed the suit and application to stop that, he claimed. The plaintiff, he said, was trying to jeopardize the basis of allotment of the land which was a part of the PAF base Masroor.

His contention was that the allotment of the said land to the plaintiff was ab initio void and without lawful effect because the provincial government had no right to allot the land owned by the federal government.

The plaintiff, he claimed, was trying to harm the security of the base, by making efforts to stop the construction of boundary wall. He wanted the base to be open to saboteurs, Tariq Ali contended, saying that the plaintiff was trying to encroach upon the federal land under the cover of illegal allotment and by filing this suit and obtaining relief in his favour.

The federal counsel contended that the allotment was misuse of power and was hit by sections 9 and 10 of the Accountability Ordinance of 2000.

His contention was that the official assignee’s report was not according to the order of the court. He claimed that the plaintiff was never and nor could ever be in possession of any part or portion of PAF land at the Masroor base.

He submitted that the report of the official assignee did not show the location of the plaintiff’s alleged land. No map or plan was provided. The report was prepared on the word of mouth of the plaintiff and of Baqar Zaidi, alleged surveyor of Keamari Town.

The federal counsel also contended that the plaintiff had waged a war against the PAF by abusing the process of the court and dragging it into litigation. The matter was adjourned to Jan 9.