KARACHI: A judicial magistrate has recommended action against four government officials including the deputy commissioner-East for facilitating those who occupied a piece of land illegally.
Judicial Magistrate Mukesh Kumar Talreja made the recommendation against DC-East Mohammad Ali Shah, additional DC-II Younis Dahri, mukhtiarkar Wazir Chand Oad and sub-inspector Haji Iqbal in a report submitted to District and Sessions Judge (East) Khalid Hussain Shahani.
The DJ-East had appointed the magistrate for inspecting demolition of houses and usurpation of land in the Architect Engineering Cooperative Housing Society located in Gulistan-i-Jauhar Block 8.
In the report, the magistrate stated that he personally visited the plot number SB-13, measuring 400 square yards, near Commander CNG Station along with complainant Tufail Ahmed.
The district and sessions judge (East) will take up the matter on 30th
The report stated that assistant sub-inspector Mubarak Ali recorded the statements of three witnesses, who said in January the DC-East, additional DC-East, mukhtiarkar and alleged land-grabber Riffat Zaman Kiyani had demolished two houses and now Kiyani was in possession of the whole area selling the forged files of the plots.
The magistrate stated that he called reports from the Gulistan-i-Jauhar SHO, DC-East, superintendent, surveys of the Board of Revenue and director, urban planning and design of the Karachi Development Authority.
During the inspection, the complainant and his witnesses informed that sub-inspector Haji Iqbal along with Kiyani forcibly entered their house, maltreated and misbehaved with the family members and demolished their houses dispossessing them on Jan 6, 2021.
Later, Kiyani along with the DC-East and ADC-East, mukhtiarkar and SI Iqbal raised a boundary wall over three acres of the land, which include the property of the complainant, the report stated.
The magistrate stated that the SSP-East and Gulistan-i-Jauhar SHO tried to “mislead” by saying that the ADC-II East along with the team of the anti-encroachment cell had demolished the constructions of an alleged illegal marriage hall being run on the subject land, which was subsequently in possession of no one.
On the other hand, the director, anti-encroachment cell, denied having carried out any demolition operation on the subject land or having taken over possession of the same, the magistrate added.
He stated that the DC-East “smartly” skipped answering the questions and said a report might be called from some other department.
The magistrate noted: “Such shrewd behaviour on the part of the government officials further strengthens the case of the complainant that they all in collusion with the proposed accused Riffat Zaman Kiyani have demolished the house, dispossessed the complainant and grabbed/occupied illegally over the subject property.”
The magistrate said the BoR official in his report stated that the record of the subject property pertained to the KDA and there was no record available with the surveys department.
He said the official in charge of the BoR’s microfilming unit filed a report stating that the lease documents in respect of the plot/property in question were genuine.
The report concluded that after evaluating the material collected during inspection of the site the contravention of Section 3 of the Illegal Dispossession Act, 2005 was made out against Kiyani, DC-East Mohammad Ali Shah, ADC-II East Younis Dahri, mukhtiarkar Wazir Chand Oad and SI Haji Iqbal.
He recommended taking action against them.
The magistrate further suggested legal action should also be taken against the urban planning and design director for not submitting a report despite issuance of repeated notices and show-cause notice, as the incumbent could not do the same due to lapse of the given time of inquiry.
DJ Shahani will take up the matter on June 30.
Published in Dawn, June 24th, 2021