ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

 

C.P. No.D-538 of 2018

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Dated:                  Order with signature of Judge(s)

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1.         For order on Misc. No.2205/2018

2.         For order on office objection No.19.

3.         For order on Misc. No.2206/2018

4.         For order on Misc. No.2207/2018

5.         For hearing of main case.

 

24.01.2018:-

 

Mr. Ovais Ali Shah advocate for the petitioner.

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1)         Urgency granted.

2)         Deferred for the time being.

3)         Exemption granted subject to all just exceptions.

4&5)    Per learned counsel for the petitioner, the petitioner is lawful owner of land measuring 35.124 acres bearing Survey No.63, 67, 71, 72, 74, 195, 196, 197, 198, 199, 129, 170, 187, 207, 208, 209 and 210 situated at Deh Okewari, Tapo Gadap, Taluka and District Karachi (East), near Depot Hill Circular Railway Station, Karachi. Per learned counsel, in order to save the subject land from the encroachment petitioner is raising boundary walls around his land but the respondents Nos.9, 10 and 11 are creating hurdle in construction of the boundary walls despite the fact that approved lay-out plan of the subject land has already been issued by the relevant authorities to the petitioner. Learned counsel for the petitioner submits that encroachers are attempting to occupy the land and the construction of the boundary walls is essential and necessary for protection of the land of the petitioner. Let notice be issued to the respondents and Additional Attorney General for Pakistan, so also Advocate General Sindh for 13.02.2018. Respondents Nos.10 and 11 are directed to ensure that no encroachment should be made on the petitioner’s land and respondents Nos.2 to 9 are directed not to interfere to the land subject matter of this petition without due process of law, till next date of hearing.

JUDGE

JUDGE