Judgment Sheet

IN THE HIGH COURT OF SINDH KARACHI

Constitutional Petition No. D – 1774 of 2015

 

                                                                                 Before:

         Mr. Justice Nadeem Akhtar

         Mr. Justice Arshad Hussain Khan

 

Petitioner                     :   M/S Housing Enterprises (Pvt.) Ltd, through

    Mr. Mohsin Qadir Shahwani, Advocate.

 

Respondent No.1        :   KDA, through Mr. Osama Aftab, Advocate.

 

Respondents 2 to 5     :   Secretary Local Government, Government of Sindh, IGP

    Sindh, DIG Zone East and SHO PS Awami Colony,

    Karachi, through Mr. Miran Muhammad Shah, Additional

    Advocate General Sindh, a/w DSP (Legal) Musaddiq

    Amjad on behalf of IG Sindh and Inspector Inayatullah

    Marwat SHO PS Awami Colony.

 

Date of hearing           :   30.11.2016

 

NADEEM AKHTAR, J. Through this Const. Petition, the petitioner-company has impugned the construction of temporary Awami Colony Police Station on its plot, and has prayed that the same be declared as unconstitutional and in violation of the principles of natural justice, the respondents be directed to remove the same, and respondents 1 and 2 be directed to allot the plot reserved for this purpose.

 

2.         The case of the petitioner, as averred in the petition, is that it is the undisputed and exclusive owner of Plot No. Z-1 (ST-4/B) Sector 35-F, Korangi Township, Korangi, Karachi, (‘the subject property’) by virtue of Indenture of Lease executed and registered in its favour for a period of 99 years ; a temporary police station was constructed on the subject property without any prior approval from the competent authority ; the respondents promised to remove the said unauthorized temporary police station from the subject property ; and, despite repeated demands by the petitioner and promises in this behalf by the respondents, the subject property was not vacated. In this background, this petition was filed with the following prayer :

 

It is therefore respectfully prayed on behalf of the above named Petitioner that this Hon’ble Court may be pleased to pass the following orders in favour of the Petitioner :

 

i.     Declare that the temporary Awami Colony Police Station and the office of the DSP constructed over the Property is illegal, unlawful, without jurisdiction, unconstitutional and in violation of principles of natural justice hence liable to be removed.

 

    ii.      Direct the Respondents to immediately remove the illegal and temporary P.S. Awami Colony constructed over the Property i.e. plot bearing No.Z-1 (ST-4/B) Sector 35-F, Korangi Township, Koangi, Karachi.

 

   iii.      Direct Respondent Nos.1&2 to allot the reserved Plot bearing No.WH/1 admeasuring 1404 square yards, to the Police department for the office of DSP and establishment of Awami Police Station / Respondent No.6.

 

   iv.     Grant any other relief, additional and/or moulded as this Hon’ble Court may deem fit or proper and/or necessary in the circumstances of the case.

 

   v.      Grant costs of this Petition.

 

 

3.         In their comments dated 04.11.2016 filed by KDA along with statement dated 1011.2016, lease of the subject property in favour of the petitioner has been admitted. The official respondents have stated in their comments that alternate land is not available in order to shift the police station. This assertion has been denied by the petitioner by asserting that Plot No. WH/1 measuring 1,404 sq. yds. has been reserved for police station, but the Government of Sindh is deliberately delaying to issue necessary instructions and documents in this behalf. On 21.04.2016, a statement was made before the Court on behalf of the petitioner that the petitioner is willing to bear the cost of construction of the new police station, provided the unauthorized police station is immediately shifted from the subject property. On that date, time was sought by the learned Additional Advocate General on behalf of official respondents to seek instructions.

 

4.         Musaddiq Amjad, DSP (Legal), is present on behalf of respondent No.4 / IGP Sindh, and Inspector Inayatullah Marwat, SHO PS Awami Colony / respondent No.6, is present in person. Both these police officials state that the Police Department shall obey the order passed by this Court. Since there is a registered lease in favour of the petitioner in respect of the subject property which has not been disputed by the lessor / KDA and the respondents have not placed any document on record to show the contrary, we are of the view that the petitioner is entitled to the relief prayed for in this petition.

 

5.         Foregoing are the reasons of the short order announced by us on 30.11.2016 whereby this petition was allowed and respondents 3 to 6 were directed to vacate the subject property without fail latest by 31.12.2016. There will be no order as to costs. It is clarified that the above relief has been granted in view of the title of the subject property claimed by the petitioner and admission made in this behalf by the lessor / KDA, however, in case of any dispute with regard to the petitioner’s title, the same shall be subject to the decision by the competent Court.

 

 

 

JUDGE

 

JUDGE