1. MUSHIR ALAM, J.---Petitioners have impugned the purported demand made by respondent No,3 i,e, Board of Revenue for payment of fees/charges for conversion A of land as regard to leasehold right of 30 years to 99 years as per letter dated 29-4-2006 (Annexure D to petition), being illegal, unwarranted and void ab initio.
2. ' From the record it appears that the petitioners in all 8 in number, claim to be holding 30 years lease of various pieces of land in Gadap Town for poultry purpose ranging from 4 acres to maximum 18.9 acres in various Na-classes. The leases apparently are for specific and limited purposes. It is the case of the petitioners that on 25-2-2006 Government through Gazette Notification dated 29-3-2006 has formulated a policy for the grant of State land for non- agricultural purposes including amenity, residential, flat site, incremental housing, residential- cum-commercial, commercial, industrial purposes for 99 years' lease. The elaborate procedure for determining the minimum market value for various purposes including for the purpose of stamp duty is postulated. According to learned counsel, the petitioners were required to pay excess amount to convert lease of poultry farming into commercial leases and they called upon to pay such exorbitant amount as recorded in the narration above.
3. ' The Secretary, Government of Sindh, Land Utilization Department, respondent No,2 have filed elaborate comments denying the claim of the petitioners. It is denied that the name of petitioner No,1 Arshad Pervez is borne out from the record, suo motu proceedings have already been initiated against him. The claim of other petitioners Nos.2, 3, 5 and 6 Muhammad Nadeem, Nayyar Pervez, Muhammad Ilyas and Muhammad Haroon are bogus, forged and fabricated and they are in unauthorized possession. The concerned respondents in comments have sought permission of the court to initiate proceedings against them. It may be observed that for taking any action the authority concerned do not need any permission of the court. Respondents may take stern action against encroachers in accordance with law.
4. ' In the comments it is also denied that there is any scheme for conversion of the poultry lease into permanent lease of 99 years. It is also denied that any demand has been raised by the respondents for payment of any lease money for the conversion.
5. We have been noting in a large number of cases coming up for consideration before this court, that Wahi Chahi lease and poultry lease and other leases for agricultural and other allied and limited purposes are being conveniently converted into commercial/residential leases in violation of law. The position has now been made clear from the notification dated 25-2-2006 as published in the Gazette dated 29-3-2006 whereby the Government of Sindh has issued statement of conditions under section 10(2) of Colonization of Government Lands Act, 1912 for grant of State land for non-agricultural purposes including amenity, residential, plot site, incremental housing, residential-cum-commercial, commercial, industrial purposes lease up to 99 years. In the condition No,3 it is specifically provided that the land shall be disposed of by Government in accordance with the provisions of Colonization of Government Lands Act, 1912 and no lease shall be disposed of in violation of clause 4 which provides as under:--- "No land shall be disposed of:---
(a) for commercial purpose except by open auction at a price not less than the market price.
(b) exceeding one hundred and twenty square yards under the incremental housing at a price not less than twenty-five per cent of the market price.
(c) for residential purpose exceeding one hundred and twenty square yards at a price not less than fifty per cent of the market price.
(d) for industrial purpose price not less than twenty-five per cent of the market prices.
(e) For residential-cum-commercial purpose at a price not less than seventy-five per cent of the market prices.
(f) for amenity purpose a price not less than fifty per cent of the market price, however for mosques and grave yard land can be granted on concessional rates.
(g) The land can be granted to the Sindh Government Employees Housing Societies or for the housing projects for Sindh Government Employees on concessional rates."
6. Condition No, 8 postulates constitution of price committee for the purpose of determining the valuation of the land at the market in the manner provides therein and it also provides that there should be a supervisory Scrutiny Committee over the price committee, which shall determine and Review such price at least after every 3 years. The manner of auction and grant of lease is also laid down elaborately in condition No, 9, under statement of condition dated 25-2-2006 published on 25-3-2006 issued under section 10(2) of Colonization of Government Lands Act, 1912. Respondents Nos.1 to 3 namely C.D.G.K., B.O.R. Or for that matter even L.U.D. Have no authority to confer proprietary rights or allow conversion of Poultry or agricultural leases or grants (which are temporary leases for limited intent and purpose) for residential, commercial or industrial purposes except through open auction at a price not less the market price, therefore, the contention of learned counsel for the petitioner that demand has been raised by Respondent No, 3 for conversion of lease, is unfounded. Therefore, we are of the view that the petition being misconceived and unfounded, is dismissed, leaving the respondents to take action against unscrupulous encroachers on public land in accordance with law.