' S. ALI ASLAM JAFRI, J.---By this order we propose to dispose of these five petitions filed by various petitioners named, in their respective petitions who are occupying various plots/pieces of land situated by the side of Lyari River, which land has been proposed and earmarked for construction of Lyari Expresswa y. Briefly the facts as narrated in each petition appear to be as under:-- C.P. No,D-418 of 2002
2. Petitioner M/s. Ghulam Hussain & Co. Is a registered partnership firm occupying a piece of land measuring 5800 sq.Yds. And claims to have purchased the same from M/s. Muhammad Azam, Muhammad Fazil Company who allegedly had a lease in their favor executed by one. Syed Saleh Shah. The petitioners have no registered sale-deed or lease in their favor and mainly relying upon an unregistered agreement of sale purportedly executed by said Muhammad Azam, Muhammad Fazil Company. The petitioner has placed on record some receipts pertaining to payment of taxes and utility bills. Copy of Form PT-10 has also been filed to show that petitioners are paying taxes to the Excise and Taxation Department (all the documents are the photostat copies).
C.P. No,D-423 of 2002
3. Petitioner Fazal Elahi Shaikh claims to be in possession of a piece of plot measuring 1173 sq.Yds. In Block 'B' of Shershah Colony, Karachi, and alleges to have purchased the said plot from Javaid Ahmed son of late Mian Abdul Majeed through an unregistered agreement to sell executed in the year 1979. The petitioner claims to have carrying on his business in the name and style of "M/s. Pak Global Corporation". He has filed photostat copies of the sale agreement in his favor allegedly executed by Javaid Ahmad and copies of PT-I certificate issued by the Excise and Taxation Department. He also filed utility bills of gas, electricity and water and sewerage charges. However, no title documents in favor of the petitioner or his predecessor-in-interest have been filed. C.P.
No,430 of 2002
4. Petitioner Aftab Ahmad Khawaja claims to be in occupation of a commercial plot of land measuring 3062.5 sq.Yds in Shershah Village/Shershah Colony, Karachi, under an unregistered agreement to sell dated 10th May, 1986 allegedly executed by one Shakeel Mateen who had also claimed to have an unregistered lease in his favor executed by one Umed Ali Shah. The petitioner further states that he has raised construction and paying the property tax and other taxes for the said plot on which he is running his business. In support of his alleged claim he has placed on record an unregistered sale agreement executed by said Shakeel Mateen in his favor. A copy of "No-Objection Certificate" issued by Syed Sher Ali Shah, and another letter purported to be the "possession order" for lease in favor of petitioner Aftab Ahmad Khawaja signed by one Syed Umed Ali Shah has also been produced. He has also placed on record photostat copies of PT-1 Certificate and receipts for payment of tax to the Excise and Taxation Department.
C.P. No,497 of 2002
5. Petitioner M.A. Futehally claims to be owner of agricultural land bearing Survey Nos.131 and 132 of Deh Gujhro, admeasuring 3.8 acres, but no title document whatsoever has been filed. The petitioner has claimed that he has developed a research farm for "Natural Farming and Intermediate Technology" under the name and style of "Sohana Farm". A copy of brochure showing his activity on the land has been filed. Photostat copy of a Village Form VII in the name of some persons, namely, Arab son of Nathar Allah Bux son of Nathar and Mst. Murkheen, which appears to be fictitious on the face of it, showing the sale of one acre land in the name of Mahmood Fateh Ali Khan has also been filed by the petitioner. C.P. No,D-630 of 2002
6. Petitioner Jauhar-ul-Mulk claims to be lawful grantee of Plot No,18 admeasuring 4533 sq. Metres out of an area of 6000 sq. Metres situated at Maripur Road, Karachi arrd claims to have been granted to him by the Estate Department of KPT. He claims to be in possession of the same. He has further stated that the plot originally belonged to M/s. Amir Nasrullah Jan and Muhammad Iqbal Mirza who through a general power of attorney dated 16-5-1994 transferred the possession in favor of the petitioner. No lease-deed has been placed on record, however, a photostat copy of sale agreement (which is not legible) has been filed. Copy of ex parte judgment between Amir Nasrullah Jan and another v. Muhammad 'Saleem Khan and others has also been placed on record.
7. Counter-affidavits have been filed in each petition on behalf of the City District Government as well as the Government of Sindh denying the claim of the petitioners in each case. It has been stated that the petitioners are unauthorised occupants/encroachers hence they have no right to insist to remain in possession of various areas encroached by them or to claim any compensation for the piece of land or the constfuction raised thereon illegally, unauthorized and without any approved 'plan. It is contended that Lyari Expressway is a project of national importance and it is being constructed from Sohrab Goth to Maripur Bridge (total length 16.5 k.Ms.) after spending huge amounts in order to solve the traffic problem and pollution in Karachi City. It is further contended that Government has decided to provide a plot of 80 sq.Yds. Free of cost and Rs,50,000 for the purpose of construction to each family who has some title over any piece of land. The petitioners being encroachers and having already, reaped undue benefits of their illegal possession are not entitled for any relief.
8. We have heaid the learned counsel for the parties. Learned counsel for the petitioners have vehemently urged that in the first instance there is no necessity to construct any such road/expresswa y and in alternate if at all it is necessary, the present alignment should be changed and the petitioners and many others be saved from becoming she lterless.
9. Learned Advocate-General, Sindh and other counsel for respondents have argued on the same line as taken in their counter-affidavits and vehemently urged that the petitioners having no legal right or title over the land and being trespassers and encroacher have no right to remain in possession or to invoke the Extraordinary Jurisdiction of this Court. The project of Lyari Expressway is the need of time. At one hand it will solve the problem of traffic-jams and hazards causing great inconvenience to the hundreds thousands citizens of Karachi and on the other hand the people who are living in subhuman condition in slums shall get rid of such unhygienic conditions. The alleged title documents, produced by some of them petitioners do not confer any right upon them and cannot be given any weight particularly in these proceedings under Constitutional jurisdiction.
10. Since the petitioners are occupying the land in question simply as encroachers and they have failed to establish their title over the said land which is now to be used for the purpose of construction of Lyari Expresswa y a project in public interest, hence they have no right to file these petitions by invoking extraordinary Constitutional jurisdiction of this Court. Resultantly, we do not find any force in these petitions which stand dismissed accordingly with no order as to costs.
However, we are confident and expect that even after the dismissal of this petition if the petitioners want to avail the benefit of the offer/proposal given by the learned Advocate-General, Sindh during the hearing of this petition as reproduced above, the Government may consider the case of the petitioners sympathetically and extend the same benevolence to them as well if they voluntarily vacate the land in their occupation without any further delay in the matter.