12/2001 R.A (Civil Revision) Shaikh Imran Ahmed (Applicant) V/S K.D.A & Ors (Respondent)
Sindh High Court
Bench: Hon'ble Mr. Justice Nazar Akbar
Order Date: 19-MAY-16
Sindh Public Property (Removal of Encroachment) Act (V of 1975)--- ----Ss.3 & 4---Specific Relief Act (I of 1877), Ss. 42, 54 & 55---Suit for declaration, perpetual and mandatory injunction---Contention of plaintiff was that he was in occupation of suit plot for the last 20 years and had raised Pacca construction of a residential house on one portion and on the other he was doing business---Notice under S. 3 Sindh Public Property (Removal of Encroachment) Act, 1975 to the plaintiff who apprehended that either, he would be forcibly evicted or the plot would be auctioned and filed suit for declaration, permanent and mandatory injunction against the authorities---Authorities had denied all the averments in the plaint and stated that the plaintiff had illegally encroached upon the suit plot and raised construction thereon unauthorizedly---Trial Court decreed suit filed by the plaintiff, and appellate court in appeal set aside judgment passed by the Trial Court---Validity---Plaintiff had failed to prove any assertion from the plaint about his lawful right under any statute for regularization of the suit plot by Karachi Development Authority---Plaintiff had sought regularization of the suit plot in his illegal possession---Plaintiff could not prove that he was in possession of suit plot for 20 years---Even if proved, it was not sufficient to claim legal cover for such occupation; nor it created legal obligation on Karachi Development Authority for conferring title of the suit plot on him---Plaintiff had not produced any of the Rules or Regulations of the Authority to show that the possession on land for 20 years was enough to confer on him legal status for occupation of suit plot---Show-cause notice, impugned through suit by the plaintiff, was supposed to be replied by the plaintiff within three days by way of review application in terms of S.4 of the Sindh Public Property (Removal of Encroachment) Act, 1975 which he neither complied nor removed encroachment and straightway filed suit in response to show-cause notice within 10 days---Plaintiff filed suit without showing his own entitlement to any legal character to the plot---Suit filed by the plaintiff was not maintainable and the plaintiff was guilty of abusing the process of court---Courts of law, were not supposed to help the illegal occupants to perpetuate their possession on the Government land, which possession was even protected by the inaction of the officials of the Authority---Rules, Regulations and the law relevant for the disposal of the State property should have been followed in letter and spirit by the Authority---Appellate court below had rightly reversed the findings of the Trial Court declaring that notice issued under S.3 of the Sindh Public Property (Removal of Encroachment) Act, 1975 by Karachi Development Authority (KDA) against encroachment by the plaintiff, was not illegal and unlawful and held to have been issued lawfully---Revision application was dismissed and cost of Rs.200,000 was imposed on the plaintiff for illegal occupying Government land for 35-40 years including 26 years in courts---Authority was also directed to deposit cost of Rs.100,000 on account of their willful inaction for 16 years, which had resulted in damaging the image of judiciary---Order accordingly. [Paras. 1, 2, 3, 4, 6, 7, 8, 9, 10 & 12 of the judgment]Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
This judgment is reproduced from a publicly available source for informational purposes and does not constitute legal advice. If you believe this listing contains an error,
let us know.