IN THE HIGH COURT OF SINDH AT KARACHI

 

C.P. No. D-286 / 2011

 

ORDER WITH THE SIGNATURE OF THE JUDGE        

 

1.      For orders on Nazir Report dated 05-6-2012

2.      For orders on Commissioner Report dated 28-02-2011

3.      For Katcha Peshi.

4.      For hearing of Misc. No.  1214/2011

 

20.09.2012   

 

                        Mr. Muhammad Aqil, advocate for the petitioner.

 

                        Mr. S. Sultan Ahmed, advocate for CDGK alongwith Anwar Farooqui,

                        Executive Engineer of Scheme 36.

 

                  

            Although as per the bailiff report the respondents No. 2 and 3 have been duly served, however, none is present on their behalf.

 

            Learned counsel for CDGK alongwith the Executive Engineer submits that it is true that the private respondents have encroached upon the street as alleged by the petitioner and further that the concerned officers of CDGK/KMC are ready and willing to remove such encroachments. He undertakes that the encroachments shall be removed within two weeks from today.

 

            We would, in the circumstances, dispose of this petition by granting the time as requested, with a direction to the concerned S.S.P. and the S.S.P. Anti-Encroachment Cell to provide adequate force to the officers above named so that they may fulfill the above undertaking.

 

            A copy of this order be sent to the concerned S.S.P.   A copy of this order may also be provided to the learned counsel for KMC so that the same be delivered to SSP Anti-Encroachment Cell for compliance.  The compliance report shall be submitted within three weeks from today.

 

            As regards the petitioner’s request for reconstructing the record pertaining to the land claimed by him, we would direct the concerned officers of KMC to proceed in the matter expeditiously,  but strictly in accordance with law.

 

            The private respondents shall conduct themselves in the matter strictly in accordance with law and shall not indulge in any unlawful and/or illegal activity.

 

            The petition, alongwith the pending applications, stands disposed of in the foregoing terms.

 

                                                 J U D G E

 

     J U D G E

 

                        

DB.Mr.Justice Maqbool Baqar & Mr.Justice Naimatullah Phulpoto/20.9.2012/zahid