ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

C.P. No.D-2164 of 2021

___________________________________________________________________ Date Order with signature of Judge

___________________________________________________________________

DIRECTION:

1. For order on CMA No.8404/2023.

2. For order as to maintainability of petition.

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Dated; 5^th April 2023

Mr. Abbas Rasheed Razvi alongwith Mr. Shoaib Khatian, Advocate for Petitioner.

Mr. Iqbal M. Khurram, Advocate for KMC.

Mr. Abdul Jalil Zubedi, Asst. A. G. Sindh.

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After hearing the learned counsel for the parties at some length and from perusal of the record available in the shape of the (i) Agreement dated 09.10.1991, (ii) General Power of Attorney dated 25^th August 2007, (iii) Sale Agreement dated 16.07.2019 and (iv) Decree passed by the learned Single Judge of this Court in Suit No.1593/2020 dated 15.02.2021 as well as the comments by official respondents, it appears that the claim of the previous owners for alternate land has been duly acknowledged by the KMC, as the original land allotted to the previous owners in Liaquatabad by the KMC and was admittedly taken over by the KMC, in view of which, previous owners were entitled to alternate land, which was in fact duly allotted in their favour in respect of Plot No.108/2 measuring 35,625 square yards and Plot No.103/3 measuring 7253.33 square yards situated in Sheet No.K-28, Trans Lyari, Manghopir Road, Karachi as reflected in the General Power of Attorney dated 25^th August 2007 available as Annexure P/24 at page 259 to 265 as well as in the tripartite agreement dated 25^th August 2007 available as Annexure P/24 at pages 259 to 265 of instant petition, whereas, the only concern of the respondent as argued by learned counsel for KMC is that previous owners and their legal heirs are entitled to the alternate land and not the petitioners. However, in view of chronology of events as reflected in the above referred documents, including the General Power of Attorney coupled with interest and right to sell and the Sale Agreement executed between the petitioner and previous owners through Attorney, it appears that petitioners have acquired the same right through previous owners for allotment of alternate land by KMC.

Today, the learned counsel for the petitioners has called one of the legal heirs of Syed Muhammad Iqbal Hussain, general attorney of the previous owners, who has acknowledged the claim of the petitioners pursuant to hereinabove documents and the decree passed in the above referred suit and submits that they have no objection, if the petitioners are allotted alternate land in their favour. Moreover, after execution of the aforesaid documents and the decree passed by the learned Single Judge of this Court in favour of petitioners in respect of land which was allotted to previous owners, right to get alternate land in lieu of the land which has been taken over by the KMC, the previous owners and their legal heirs cannot come forward to claim any right or entitlement, which has already been relinquished pursuant to the Sale Agreement and the execution of General Power of Attorney in favour of Syed Muhammad Iqbal Hussain.

While confronted with hereinabove factual and legal positions, learned counsel for the KMC and learned Asst. A.G. Sindh could not dispute the same, however, the learned counsel for the KMC submits that KMC is under legal obligation to allot alternate land/plot in lieu of the land acquired by KMC to the previous owners, as they have no privity of contract with the petitioners. Admittedly, the land acquired by KMC from the previous owners, who had entered into an agreement for alternate land with the KMC, creates right in favour of previous owners, to whom petitioners are claiming the same right and entitlement of alternate land, whereas, previous owner or his legal heirs are not coming forward for such claim, rather have acknowledged the right and claim of the petitioners. Accordingly, we would direct Director Land, KMC to be present in Court on the next date of hearing, and to explain as to there is any other legal impediment, if alternate land of the same sizes and of equal value can be allotted lease in favour of petitioners. For such purpose, to come up on 27.04.2023, to be taken up at 11:00 A.M. when the availability of alternate land shall also be intimated.

Let the acknowledgment of right and entitlement of the petitioners to claim the alternate land instead of legal heirs of previous owners, may be placed on record through a statement by S.M. Wasiq Iqbal present in Court today which may be duly signed by other legal heirs of Syed Muhammad Iqbal Hussain.

J U D G E

*Farhan/PS*