KARACHI, Aug 21: The Sindh High Court dismissed on Friday a writ petition seeking allotment of land in the Saddar area in exchange for about 69 acres acquired from the petitioner by Port Qasim.
Petitioners Rabiah Rana and Rana Azhar Ali Khan said they owned 69.34 acres of land at Deh Gangiaro (District East), which was acquired for use by the Port Qasim Authority in the late seventies. The divisional commissioner of Karachi was the final authority to compensate the owners of the acquired land by paying them pecuniary compensation or allotting them land in lieu of it.
The Karachi divisional commissioner passed an order for allotment of land in the Saddar area and they were prepared to pay the price differential. They waited for years for the commissioner's order to be complied with and approached the high court through Advocate Nadeem Azhar Siddiqui when they lost any hope of its enforcement by the authorities concerned.
Appearing for the Sindh government and its land utilization department and the board of revenue, Additional Advocate-General M. Ahmed Pirzada submitted that the land was acquired by the federal government or its port authorities and the Sindh government had nothing to do with its acquisition or payment of compensation. No land owned by the provincial government could be allotted in lieu of the land taken over by the federal government without a prior arrangement.
The AAG also submitted that the divisional commissioner had no power to allot provincial land without the permission of the provincial land utilization department and the board of revenue. The commissioner passed the order when the matter was still pending inquiry before an assistant commissioner. An order made by the divisional commissioner without jurisdiction or authority and in contravention of the law was a nullity and the petition for its enforcement was entirely misconceived.
A division bench, comprising Justices Sabihuddin Ahmed and Khilji Arif Hussain, dismissed the petition, which was pending disposal since 1990.
OUTDOOR ADVERTISING: Justice S. Ali Aslam Jafri,issued notices to four city government officials for Aug26 for removing billboards put up by a publicity firm in violation of a court order.
Syed Sajjad Haider said he was duly licensed by the CDGK to install hoardings. When the CDGK decided to auction the publicity sights in violation of its commitments, he filed a plaint in the high court and Justice Amir Hani Muslim asked the CDGK on July 9 to refrain from issuing new licences. The judge observed that huge billboards obstructing traffic should not be allowed and restrained the CDGK from proceeding further in the matter in the absence of proper rules regulating outdoor publicity in conformity with the requirements of smooth flow of traffic, environment and aesthetic sense.
However, the petitioner alleged, the CDGK obtained a consent order from another bench on July 15 without disclosing the restraint order. It also held an auction and removed his firm's hoardings. Issuing notices to the alleged contemners, Justice Aslam Jafri asked the CDGK to comply with the July 9 order in letter and in spirit.
SUMMONS: The SHC office, meanwhile, issued summons to the PIA in a suit for damages instituted by Ms Tayyaba Aamir through Nasir Maqsood. The plaintiff said she and her husband, Syed Aamir Hussain, who suffered from leukemia, travelled to London for the latter's treatment on a return PIA ticket on July 11, 2003. The couple booked a return flight on Aug 13, 2003, but her husband died just before its departure. To bring the body, she booked another flight on Aug 15 after making an extra payment. However, she was offloaded as PIA staff at Heathrow declared her ticket 'fake'. Her husband's coffin was still in the aircraft.
The plaintiff said she begged and cried but the staff remained unmoved. She was forced to accept financial assistance from the co-passengers. The incident caused her and her family immense torture and the airline was liable to pay damages amounting to Rs 10 million, the plaintiff claimed.