| Case ID |
36946727-430c-4545-be69-f82b6464f13d |
| Body |
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| Case Number |
CONST. PETITION NO. 9 OF 2010 AND CRIMINAL ORIG. P |
| Decision Date |
Oct 25, 2021 |
| Hearing Date |
Oct 25, 2021 |
| Decision |
In the case at hand, the Supreme Court addressed several critical issues surrounding the encroachment of public lands, specifically regarding the Gujjar Nallah, Orangi Nallah, and Mehmoodabad Nallah in Karachi. The court emphasized the importance of upholding the law and ensuring that public properties are protected from unauthorized constructions. It was determined that the purported leases obtained for these lands were not in accordance with legal standards. The court ordered the removal of all encroachments to facilitate the flow of water and prevent flooding during heavy rains. Furthermore, the court mandated the demolition of the illegally constructed Nasla Tower and directed that the costs of demolition be borne by its owner. The ruling reinforced the necessity for local authorities to take immediate action against encroachments and maintain public spaces for the benefit of the community. |
| Summary |
The Supreme Court of Pakistan's ruling on the CONST. PETITION NO. 9 OF 2010 and CRIMINAL ORIG. PETITION NO. 7-K OF 2017 addresses significant issues related to land encroachment in Karachi. The court highlighted the illegal occupation of public lands, particularly around the Gujjar Nallah, Orangi Nallah, and Mehmoodabad Nallah, which are vital for stormwater drainage. The court determined that previous leases granted for these lands were unlawful, prompting the removal of encroachments to safeguard the city's infrastructure against flooding. The decision also involved the demolition of the Nasla Tower, which was constructed on encroached land. The court's verdict calls for immediate action from local authorities to restore and protect public amenities, ensuring that community spaces are preserved for public use. This case underscores the importance of legal compliance in land management and the responsibilities of government agencies in maintaining public properties. Keywords: land encroachment, public spaces, Karachi, Supreme Court, legal compliance, flooding prevention. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Karachi Municipal Corporation,
Karachi Development Authority,
Sindh Building Control Authority,
National Disaster Management Authority,
Commissioner Karachi
|
| Judges |
Ijaz Ul Ahsan,
Qazi Muhammad Amin Ahmed
|
| Lawyers |
Khalid Mehmood Siddiqui,
K.A. Wahab,
Anwar Mansoor Khan,
Badar Alam,
Munir A. Malik,
Murtaza Wahab,
Ms. Abida Parveen Channar,
Syed Ashikue Raza,
Rao Moinuddin,
Raja Qasit Nawaz,
Umar Lakhani,
Muhammad Ashraf Samoo,
Assad Ullah Khan,
Mian Raza Rabbani,
Ms. Umaimah Anwar Khan,
Abid S. Zubari,
Dr. Raana Khan,
Nisar Ahmed Memon,
Ameer Muhammad Daudpota,
Karam Din Junejo,
Afzal Zaidi,
Adil Rafi,
M. Saleem Hassan,
Barrister M. Omer Riaz,
Khawaja Shamsh-ul-Islam,
Syed Abdul Waheed,
Zakir Hussain Khaskhali,
Asif Ali Memon,
Abdul Basit Khan Tanoli,
Habib ur Rehman Gillani,
M. Hanif Gill,
Syed Jameel Ahmed,
Shumail Riaz,
Aamir Mughal,
Nazir,
M. Faroque,
Omer Masoom Wa.zir,
Rana Khawar Iftikhar,
Faisal Haider Ali Sial,
Qazi Rizwan Ahmed,
Nadir Shafi Dar
|
| Petitioners |
Muhammad Irfan,
Murtaza Ali,
Akbar Hussain,
Niamatullah Khan,
Mst. Sabiha Parveen,
Syeda Maria Raza,
Mrs. Amber Ali Bhai,
Dr. Sadia Virk,
Muhammad Akram Abro,
Syed Arif Shah,
Ijaz Hussain Jakharani,
Sajjad Hussain Jakharani
|
| Respondents |
Federation of Pakistan
|
| Citations |
2022 SLD 180,
2022 SCMR 133
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
188,
184(3)
|