| Case ID |
049c89f8-b1e7-4624-bf2c-e2f5a1383363 |
| Body |
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| Case Number |
R. As. Nos. 12 and 13 of 1997 |
| Decision Date |
Oct 06, 2003 |
| Hearing Date |
Oct 06, 2003 |
| Decision |
The court dismissed the revisions filed by the parties, noting that neither Bhawanmal nor Sharifuddin had a legal right to claim ownership or seek relief concerning the footpath portion. The court highlighted that municipal properties, particularly civic amenities like footpaths and streets, cannot be rented out or encroached upon, as they are reserved for public use. The actions of the municipal officers involved in unauthorized leasing of these properties were deemed illegal and in violation of the Sindh Local Government Ordinance. The court directed the matter to be referred to the Ombudsman for investigation into the maladministration by municipal officers. |
| Summary |
In the case of R. As. Nos. 12 and 13 of 1997, the Sindh High Court addressed critical issues surrounding the leasing and encroachment of municipal properties, specifically footpaths. The case involved Bhawanmal, who claimed to be a permanent tenant of a footpath portion, and Sharifuddin, who sought to assert possessory rights over the same. The court found that the municipal officers had engaged in illegal leasing practices, depriving the public of essential civic amenities. The judgment underscored the importance of safeguarding public spaces and ensuring that municipal assets are not mismanaged or alienated without proper authority. The ruling serves as a significant precedent in upholding the rights of the public against unauthorized municipal actions, highlighting the need for accountability in local governance. Keywords such as 'municipal law', 'public rights', 'civic amenities', and 'maladministration' are integral to understanding the implications of this case. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
AMIR HANI MUSLIM, J
|
| Lawyers |
Haresh Dewan for Applicant,
Agha Kausar Hussain for Respondent,
Masood Noorani, Addl. A.-G, for Respondent
|
| Petitioners |
SHARIFUDDIN
|
| Respondents |
3 others,
BHAWANMAL
|
| Citations |
2004 SLD 1915 = 2004 CLC 1287
|
| Other Citations |
Not available
|
| Laws Involved |
Sindh Local Government Ordinance (XII of 1979),
Establishment of the Office of Ombudsman for the Province of Sindh Ordinance (IX of 1991)
|
| Sections |
121,
122,
2(2),
9
|