| Case ID |
f94a2dc3-61fb-491d-97cd-6072e05fb4f9 |
| Body |
View case body. Login to View |
| Case Number |
D-231 of 2021 |
| Decision Date |
Sep 08, 2021 |
| Hearing Date |
Sep 08, 2021 |
| Decision |
The Sindh High Court dismissed the constitutional petition of the petitioner, MST. SHAHNAZ, challenging the order of the Anti-Encroachment Tribunal that directed the removal of her occupation on public property. The Court held that the tribunal had the jurisdiction to decide the matter as the petitioner was entitled to approach it due to the inaction of the government officials. The Court emphasized that the management of public property is the duty of the concerned officials, and if they fail to act, the private person can seek redressal from the tribunal. The order made by the tribunal was deemed valid under the Sindh Public Property (Removal of Encroachment) Act, 2010, as the Act allows for such proceedings. Thus, the tribunal was empowered to adjudicate the possession and related disputes regarding public property, leading to the dismissal of the petition. |
| Summary |
In the case of MST. SHAHNAZ vs. IQBAL HUSSAIN AND 10 OTHERS, the Sindh High Court dealt with a constitutional petition challenging an order from the Anti-Encroachment Tribunal under the Sindh Public Property (Removal of Encroachment) Act, 2010. The petitioner claimed entitlement to occupy the property based on long-standing rent payments, while the respondents sought its removal. The Court ruled on the jurisdiction of the tribunal, affirming that private individuals could approach the tribunal when government officials failed to act. This case underscores the importance of the Act in addressing encroachments on public property and the powers vested in the tribunal to adjudicate such disputes. It highlights the legal framework established for managing public property and the responsibilities of government officials, making it a significant reference point for similar cases in the future. |
| Court |
Sindh High Court, Hyderabad Bench
|
| Entities Involved |
Not available
|
| Judges |
MAHMOOD A. KHAN, JUSTICE,
KHADIM HUSSAIN TUNIO, JUSTICE
|
| Lawyers |
Prakash Kumar for Petitioner,
Kamaluddin for Respondent No.1,
Allah Bachayo Soomro, Additional Advocate General,
Akhtar Ali, Administrator Municipal Committee Tando Allahyar for Respondents
|
| Petitioners |
MST. SHAHNAZ
|
| Respondents |
10 OTHERS,
IQBAL HUSSAIN
|
| Citations |
2022 SLD 618,
2022 CLC 556
|
| Other Citations |
Not available
|
| Laws Involved |
Sindh Public Property (Removal of Encroachment) Act, 2010
|
| Sections |
2(o),
3,
11,
13,
14
|