TO cling to power, or to save his skin, or to amass riches, many a man has supped with the devil. But who would have thought that the seemingly staid and stolid President Ghulam Ishaq Khan, to save himself and his government, would bring in Jam Sadiq Ali as Sindh’s chief minister? (Interestingly, Jam’s minister for housing and town planning was none other than our present governor, Ishratul Ibad.)

In 1982, during the regime of President General Ziaul Haq, 30 acres of land was allotted to the Horticultural Society of Pakistan for the development of a horticultural complex and a botanical garden. In 1989, during the first government of Benazir Bhutto and Asif Zardari, Qaim Ali Shah, the then chief minister of Sindh, cancelled the lease.

In April 1991, the land mafia moved in. In May 1991 (ignoring Jam’s scornful comment to me, “Court tumharey baap ka hai, ya hamarey baap ka hai?”), the Horticultural Society (HRP) and I filed a constitutional petition (D-520/91) in the High Court of Sindh citing as respondent No.1 the Province of Sindh, and as respondents 2 to 9 eight grabby members of the builder/developer community. Our lawyers were Jadoogar of Jeddah Syed Sharifuddin Pirzada, now the prime minister’s senior adviser, and Barrister Makhdoom Ali Khan, now our attorney-general. In June 1991, they obtained an interim stay order from Chief Justice Saeeduzzaman Siddiqui and that good judge, Imam Ali Kazi. Subsequently, the case file was handed over to Ms Sana Akram Minhas, Makhdoom’s junior.

Nothing transpired for just under 14 years until this March 24 when Chief Justice Sabihuddin Ahmed and Justice Rahmat Hussain Jafri handed down their judgment in the matter. Inter alia, it reads :

“The petitioner appears to be aggrieved at the cancellation of allotment of a plot measuring about 30 acres, which was allotted for establishment of horticultural gardens, adjacent to Safari Park, KDA Scheme No.36, Karachi, out of Na class No.187, Deh Okewari, Taluka Karachi East. The cancellation was effected by the respondent No.1 though no specific order of cancellation appears to have been passed and the land in question was then allotted to the respondents Nos. 2-7 who intended to construct residential and commercial buildings thereon...

“2. The basic facts appear to be that 30 acres of land was allotted to the petitioner through an allotment order of the then Deputy Commissioner East dated 8.9.1982... It seems possession was then handed over to the representatives of the petitioner No.1 under Mashirnama dated 19.9.1982 and this fact was also confirmed by the then Deputy Commissioner East through his letter dated 2.2.1984 to the Commissioner, Karachi, forwarding a receipt obtained from the petitioner...

“5. The petitioner after failing to obtain redress from the executive authorities approached this Court... Learned counsel for the petitioner drew our attention to the copy of the comments prepared by the legal cell on behalf of the Land Utilization Department dated 23.5.1991 addressed to the Solicitor to the Government of Sindh where it has been acknowledged in para 5 that the lease was cancelled by the then Chief Minister of Sindh on 7.11.1989... Learned counsel appeared to be right in contending that the so-called hearing on 19.11.1989 was simply an eyewash and nothing more. Indeed this contention could not be refuted by the learned Additional Advocate-General...

“7. The next contention of learned counsel appears to carry more weight. She argued that under section 24 of the Colonization of Government Lands Act whenever a breach of conditions of tenancy had been committed by the tenant, the Collector could either impose a penalty or order resumption of the tenancy. However, whenever the breach was capable of rectification neither of the two measures could be employed before calling upon the tenants to rectify the breach within a reasonable period of not less that 30 days. She argued that there was ample authority for the proposition that failure to raise construction within a prescribed time does not normally entail forfeiture of a lease...

“8. Be that as it may, it is clear from the terms of section 24 of the Colonization of Government Lands Act that the breach being capable of rectification, the Collector in the first instance was mandated to grant reasonable time to the petitioner to rectify the breach. In the event of petitioner’s inability to do so within aforesaid time he was required to independently apply his mind and decide either to impose a penalty or to order resumption of the tenancy. He failed to perform both statutory obligations and proceeded to act under dictation from the chief minister. Even the elementary principles of natural justice were denied. Accordingly, we are constrained to hold that the cancellation of the lease was malafide, void and inoperative....”

“10. We also consider it pertinent to refer to another disturbing aspect of the matter. Indeed there was no dispute between the parties as to the factum of possession being delivered to the petitioner in 1982 and a number of documents on record confirm the said position. The petitioner had asserted that the amount required to be paid by them was never communicated and therefore they could not be held responsible for not paying lease money. In a zealous attempt to justify such non-communication, one Muhammad Alam, then the Deputy Secretary (LU-H) in the Board of Revenue, swore an affidavit contending that possession had never been delivered. Initially, the learned AAG attempted to justify this position by contending that only formal possession letter might have been given to the petitioner not accompanied by delivery of physical possession.

“However, subsequently realizing the position in the light of other material on record, he conceded that the affidavit was false. Indeed, it is most disconcerting to note that senior officials of the government make false statements on oath without verifying facts and such a tendency seriously affects the credibility of the government. Since the matter is 10 years old, we are not inclined to initiate any proceedings but would like this aspect of the matter to be brought to the attention of the Advocate-General and the Chief Secretary to the Government for taking appropriate corrective steps.

[This is a serious issue but apparently no corrective action has been taken by the Chief Secretary and the Advocate-General as ordered by the court.]

“11. For the foregoing reasons we would allow this petition and declare the cancellation of the allotment in favour of the petitioner to be without lawful authority...”

The story does not end there — the HRP did not live happily ever after. This June 15, HSP coordinator and council member Salman Khan requested City Nazim Naimatullah Khan to be the chief guest at an inaugural ceremony. He accepted, but suggested that it be done quickly as the hijackers of Karachi are unhappy when it comes to parks and open spaces. Invitation cards for June 29 were sent out.

On Thursday June 28, whilst a small monument was being constructed, on which would be affixed the inaugural marble plaque, an unidentified group of people, claiming they had the authority of the DO of nearby Safari Park, arrived, forcibly demolished the monument, threatened the HSP men and forced them to leave the area. That evening, another group arrived and put up over the front portion of the area a shamiana on which was a notice declaring that a ‘Wednesday Bazaar’ was to be held. That week, Salman Khan’s car was stolen at gun-point.

Nazim Naimatullah was informed as soon as he could be located. All he could do, the present circumstances being what they are, was to ask the DO Safari Park for an ‘urgent’ explanation.

Now, the outgoing City Nazim, having virtually been our Lord Mayor, the crisply fiscally honest Naimatullah Khan, fears for his life and he has also expressed to the press his fears that a ‘bloodbath’ may occur during the upcoming council elections. He even went as far as accusing a ‘major political outfit’ of involvement in target killings. Save the people, say the people. Save our parks say a few of us citizens of Karachi. Now, who can help save the HSP park? And more importantly, who will save the people?