| Case ID |
e346f4b3-1cfd-4d14-8f70-2f5839db4f85 |
| Body |
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| Case Number |
Suit No. 762 of 1995 |
| Decision Date |
May 21, 2019 |
| Hearing Date |
|
| Decision |
In Suit No. 762 of 1995, adjudicated on May 21, 2019, by the Sindh High Court under the stewardship of Justice Muhammad Faisal Kamal Alam, the court meticulously evaluated the plaintiffs' request for regularization of Shahbaz Goth, constructed on government land. The plaintiffs, represented by M/S Shahbaz Goth Residents Welfare Society and others, failed to present valid ownership or title documents for the 24 acres claimed in Deh Safooran, Karachi. Their plea for regularization under the Colonization of Government Lands (Punjab) Act, 1912, specifically Section 10, was scrutinized. The court determined that without legitimate ownership, the plaintiffs had no legal grounds for their claims and mandated their removal by the authorities. Furthermore, the High Court dismissed the bailable warrants against the Deputy Secretary of the Land Utilization Department due to medical exigencies. The decision upheld the entitlements of the Government of Sindh and bona fide allottees who lawfully acquired plots through valid transactions. Additional directives were issued to conduct comprehensive surveys, ensure lawful regularization where applicable, and collaborate with relevant government departments and Pakistan Rangers to enforce the ruling. Consequently, the suit was decreed in favor of the respondents, reinforcing the necessity of lawful ownership and adherence to governmental land schemes. |
| Summary |
The Sindh High Court delivered a pivotal judgment on May 21, 2019, in Suit No. 762 of 1995, addressing the controversial issue of land regularization in Shahbaz Goth, Deh Safooran, Karachi. The plaintiffs, represented by M/S Shahbaz Goth Residents Welfare Society and others, sought legal recognition and regularization of their village constructed on government land under the Colonization of Government Lands (Punjab) Act, 1912, specifically Section 10. However, the plaintiffs lacked valid ownership or title documents for the 24 acres they claimed. Justice Muhammad Faisal Kamal Alam presided over the case, meticulously examining the legal grounds presented. The court concluded that without legitimate ownership, the plaintiffs’ claims were unfounded and mandated their immediate removal by the authorities. Additionally, the court dismissed the bailable warrants issued against the Deputy Secretary of the Land Utilization Department, citing medical reasons as grounds for discharge. The decision reinforced the entitlements of the Government of Sindh and bona fide allottees who acquired plots through lawful transactions, emphasizing the importance of adhering to governmental land schemes. The judgment also referenced significant precedents, including Pir Masoom Jan Sarhandi v. Ms. Talat Ejaz Civil Petition No. 2086 of 2015 and Dr. Arifa Farid and others v. Mitha Khan and others in Suit No. 2322 of 2014, which established that Scheme No. 36 falls under the jurisdiction of the Karachi Development Authority (KDA). The court issued comprehensive directives for conducting surveys to identify and remove encroachments, ensuring legal regularization where applicable, and coordinating with government departments and Pakistan Rangers for enforcement. This landmark ruling underscores the judiciary’s role in upholding property rights, preventing unauthorized land possession, and maintaining the integrity of urban development projects. The decision serves as a deterrent against illegal encroachments and reinforces the legal framework governing land regularization and ownership within established development schemes. By meticulously analyzing the legal provisions and factual circumstances, the Sindh High Court has set a precedent that emphasizes lawful ownership, proper documentation, and adherence to governmental regulations in land disputes, thereby contributing to the orderly development and management of urban spaces in Karachi. |
| Court |
Sindh High Court
|
| Entities Involved |
Board of Revenue,
Government of Sindh,
Pakistan Rangers,
Land Utilization Department,
Karachi Development Authority,
KDA,
Defendant No. 7,
Defendant No. 10,
Deputy Secretary, Land Utilization Department
|
| Judges |
MUHAMMAD FAISAL KAMAL ALAM, JUSTICE
|
| Lawyers |
Abdul Kareem Khan,
Sohail Abdul Rahim,
Yawar Farooqui,
Asad Ali,
Ahmed Ali Ghumro,
G. M. Bhutto,
Syed Iftikhar-ul-Hassan,
Iftikhar Ahmed,
Muhammad Hanif
|
| Petitioners |
M/S SHAHBAZ GOTH RESIDENTS WELFARE SOCIETY THROUGH PRESIDENT AND ANOTHER
|
| Respondents |
GOVERNMENT OF SINDH THROUGH SECRETARY LAND UTILIZATION DEPARTMENT BOARD OF REVENUE AND 10 OTHERS
|
| Citations |
2020 SLD 1820,
2020 MLD 1239
|
| Other Citations |
Pir Masoom Jan Sarhandi v. Ms. Talat Ejaz Civil Petition No. 2086 of 2015,
Dr. Arifa Farid and others v. Mitha Khan and others1 and 2,
Suit No. 2322 of 2014 rel.,
C. P. No. D - 1608 of 2005,
Civil Petition No. 3470-K of 2015,
2016 PTD 1675,
PLD 1997 SC 32
|
| Laws Involved |
Colonization of Government Lands (Punjab) Act, 1912
|
| Sections |
10
|