KARACHI, Sept 23: The City Nazim, Naimatullah Khan, in a comprehensive report to the Director General, Sindh Local Government Commission about the alleged disposal of the city government's property commonly known as "Americano" , has asserted that auction of the land was in accordance with the law and no violation of rules was committed in the process of its auctioning.

A copy of the report made available to PPI traced back the history of the said piece of land from 1955 to its auctioning some time back. Referring to the court's decision in the Americano issue, he mentioned that a decree was passed with the consent of parties for holding of auction for 99 years, which clearly showed that all parties in court were well aware that auction proceedings were to be taken up in view of the Ordinance of 1979 and not under Ordinance 2001.

He expressed his ignorance about any map, which showed the premises in question as a drain. "It was in the possession of Americano Dry Cleaners since 1955 and did not show the position before 1955," he added.

Naimat disagreed with the contention that EDO Law had consented to allotment of the land for 99 years to Shahid Umar, who was previously in occupation of the land. Instead, the EDO Law had identified DO Estate before the Sindh High Court, to have given consent to lease of the premises for 99 years on the basis of application of Mr Umar dated July 7, 2000.

"The application was accepted by then director land of the defunct KMC on the condition that the nullah was offered for allotment at a rate of Rs25,000 per sq-ft," he mentioned, and urged that the then director land should be asked on whose authority had he offered the land at the said rate for 99 years.

The city nazim also dispelled the impression that the DCO was not taken into confidence by the nazim. "Once the viewpoint of DCO is taken, the nazim is not bound to send the file to him again and again," he added.

"As per the SLGO, the nazim is the head of the district government and the DCO, who is responsible for maintaining financial and administrative discipline in the district government, is to assist him," he contended.

He further said the nazim was empowered to act in accordance with the law, adding that the auction of the Americano nullah was carried out as per the decision of the high court, which states: "The shop No DR/S-2/29-A/B 3 should be put on auction for 99 years lease subject to condition applicable to such an auction of the city government."

He revealed that the same DCO, opposing allotment of the structure on the nullah in this case, had recommended its approval on April 27, 2004 for construction of an RCC drain near Glass Tower, Clifton, Saddar Town at a cost of Rs57,52,119, despite knowing that this portion would be used for customers parking or for construction of shops there.

He also recalled that the extension of Habib Bank premises on the Clifton nullah was refused by the defunct KMC on the basis of the government order of January 1978 by the then KMC vide CR 207 in 1988.

However, the Sindh Government in 1988 quashed the said CR and allowed extension of the bank premises on the said nullah. He noted that in the light of facts, reasoning and arguments, the commission had no ground for asking the nazim to appear before the commission, and demanded that the letter issued in this regard be withdrawn.

It may be recalled that the SLGC had last month asked the city nazim to appear before a commission for auctioning the land on a nullah commonly know as Americano. - PPI