| Case ID |
09a50356-af2a-477f-bf09-d01ebc5e3498 |
| Body |
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| Case Number |
Suits Nos. 833, 838 to 852 of 2000 |
| Decision Date |
Aug 09, 2010 |
| Hearing Date |
May 25, 2010 |
| Decision |
The Sindh High Court ruled that the disputed land in question, which was reclaimed from the sea, belonged to the Government of Sindh and not the Karachi Port Trust (KPT). The court found that KPT could not claim ownership of the land as it was not acquired under the provisions of the Karachi Port Trust Act. The court emphasized that any land reclaimed from the sea, becoming part of the province, vests in the provincial government, while land that remains under the ocean belongs to the Federal Government. The court dismissed the suits filed by the plaintiffs as they could not prove their title to the land after the allotments were cancelled under the Sindh Urban Estate Land Ordinance. Therefore, the plaintiffs were not entitled to relief as their claims were based on invalid allotments. |
| Summary |
In the case of Suits Nos. 833, 838 to 852 of 2000, the Sindh High Court addressed a significant dispute concerning land ownership between the Karachi Port Trust (KPT) and the Government of Sindh. The court examined the legal implications of land reclaimed from the sea and the pertinent legislative framework, including the Specific Relief Act, Karachi Port Trust Act, and Article 172 of the Constitution of Pakistan. The plaintiffs, represented by Messrs METALEX (PRIVATE) LIMITED, claimed ownership of land leased out by the Sindh Government, while KPT argued that this land was part of its jurisdiction based on historical notifications. The court ultimately ruled in favor of the Government of Sindh, stating that reclaimed land does not vest in KPT unless acquired through proper legal channels. The decision highlights the complexities of land ownership laws in Pakistan, particularly concerning coastal properties and the rights of provincial versus federal authorities. Keywords: Karachi Port Trust, Government of Sindh, land ownership, reclaimed land, specific relief, constitutional law. |
| Court |
Sindh High Court
|
| Entities Involved |
Government of Sindh,
Karachi Port Trust
|
| Judges |
FAISAL ARAB, J
|
| Lawyers |
Kazim Hasan,
Javed Farooqi,
Abid S. Zuberi,
Haseeb Jamali
|
| Petitioners |
Messrs METALEX (PRIVATE) LIMITED
|
| Respondents |
GOVERNMENT OF Sindh court through Secretary, B.O.R.
|
| Citations |
2010 SLD 2711,
2010 PLD 414
|
| Other Citations |
Not available
|
| Laws Involved |
Specific Relief Act (I of 1877),
Karachi Port Trust Act (VI of 1886),
Constitution of Pakistan (1973),
Sindh Urban Estate Land (Cancellation of Allotments, Conversions and Exchanges) Ordinance (III of 2001)
|
| Sections |
42,
54,
2(3),
3,
18,
25,
26,
27,
172,
3
|