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2008 CLC 673

MUHAMMAD JAMSHED vs CITY DISTRICT GOVERNMENT, KARACHI through

Citation2008 CLC 673
CourtSindh High Court
Case No.Constitutional Petition No,D-516 of 2000
Date2007-02-01
Judge(s)Mushir Alam, Muhammad Afzal Soomro
ResultPetition dismissed

ORDER

1. 'The petitioner has impugned the action of the respondents as regards issuance of notice, dated 5- 4-2000 under Removal of Encroachment Act, 1975. It is stated by the learned counsel that the lease has been executed in his favour therefore it is not applicable. It seems that in order to resolve this dispute this Court on 16-1-2004 directed appropriate inquiry into the question of encroachment of public property and the conclusion to be conveyed to this Court. It appears that inquiry into the question of encroachment of public property was held on 5-5-2000 in the office of District Officer (P&UD) Master Plan Group of Offices, C.D.G.K. Mr. S. Muhammad Shah, Additional D.O. (MPGO), C.D.G.K., Mr. Riaz-ul-Nabi Zia, A.E.(T), Karachi, Field Officer, Sindh Katchi Abadi Authority and Mr. Mahmood Bloch, Additional D.O. (W&S), C.D.G.K. Participated in the inquiry as to the area within possession of the petitioner. The conclusion of the inquiry is as follows:-- "(IV) The petitioner encroached the public property as the land control is within C.D.G.K., K.D.A. Wing.

(V) Execution of lease deed in favour of the petitioner is illegal and without the jurisdiction of S.K.A.A.

2. ' In this view of the matter, it has come on record that the Sindh Katchi Abadi Authority had no jurisdiction to execute lease in respect of an area not falling within their territorial jurisdiction therefore we are not intended to entertain the claim of the petitioner as raised in the instant petition. Petitioner may seek any remedy as may be available and including the right of appeal provided under the Act, 1975. Petition is accordingly dismissed along with all pending applications.

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