HYDERABAD: Justice Zulfiqar Ahmed Khan of the Sindh High Court, Hyderabad circuit bench, on Friday ordered additional registrar of the court to visit survey land (3-28 acres) of an appellant as well as the adjoining land and submit his report in court.

It also directed the Sindh Building Control Authority (SBCA) regional director to file his report in the wake of a letter addressed to him seven years ago by assistant executive engineer of the irrigation department. The letter had identified 22 housing projects along the dykes of Gidumal and Jamshoro and asked the regional director for a halt to the construction work on these projects.

The order was passed on a contempt plea filed by appellant Farah Naz, daughter of Raza Ahmed Rajput, against Farhan Musharraf, Nasir Pathan and Arif Memon. The appellant has drawn the court’s attention to alleged violation of high court’s June 1, 2018 order directing the parties concerned to maintain the status quo.

She submitted in court that since 1980, her father had been in possession of the land measuring 3-28 acres out of survey No. 226 in Deh Guddu of Latifabad taluka. Through a Nov 3, 2011 order, the land was granted to her for agricultural purposes and a graveyard on approximately 10 acres was also there, she stated.

Ms Naz informed court that through a June 1, 2018 order, the parties concerned were directed to maintain the status quo regarding the land but the alleged contemnors started construction of a commercial project at the site.

Referring to the April 11, 2014 letter of irrigation department’s assistant executive engineering, she stated that 22 projects were being raised in the flood zone without any permission from the department. The official, she said, had requested the department to take legal action and stop the construction works.

The counsel for the alleged contemnors stated in his affidavit that they had nothing to do with survey No. 226 as they owned the lands under survey Nos. 217, 218, 219, 222 and 221.

The court repeated notices through the SHOs concerned who would produce the alleged contemnors in court on the next date of hearing.

The court also ordered its additional registrar to inspect survey No. 226 as well as the adjoining land and file a report along with photographs of the land mentioning whether any portion of survey No. 226 was occupied by contemnors.

It directed that the mukhtiarkar concerned and an officer of settlement survey should also accompany the additional registrar in the inspection.

The SBCA regional director was ordered to file his report on the April 11, 2014 letter of the irrigation officer.

Published in Dawn, June 6th, 2021