IN THE HIGH COURT OF SINDH AT KARACHI
C.P. No. D-2841 / 2011
1. For order on Inspection Report dated 22.9.2011
2. For Katcha Peshi.
3. For hearing of Misc. No. 12987/11
07.09.2012
Mr. Roomi Iqbal, advocate for the petitioner.
Mr. Azizuddin Qureshi, advocate for respondent No. 5
Mr. Ashfaq Ahmed Taggar, D.A.G. along with Mr. Azam Khaskheli,
E.E. JCCD-IX, PWD and Mr. M. Aslam Shaikh, Supdtt: Legal, PWD.
Admittedly respondent No. 5 is in illegal unauthorized occupation of a government land whereon construction has been raised and is being further fortified. We have been told, in addition to the encroachment caused by respondent No. 5, there are several other such encroachers on the government land. According to the Executive Engineer present so also learned D.A.G. and of course the petitioner all such encroachment/occupation of the land is wholly illegal and unauthorized.
We would, in the circumstances, dispose of this petition by directing that in the first place competent authority issue eviction/demolition notices to respondent No. 5 and all such other encroachers/illegal occupiers of the land in question, grant them ten (10) weeks’ time from the date of the notice for vacating and handing over the peaceful possession of each encroachment/unit with a caution that in case such is not done, the encroachers/illegal occupiers shall be evicted forcefully and their structures shall be demolished upon expiry of such time.
The notice be delivered to each encroachers/illegal occupiers within four days from today without fail. Compliance of the above be reported to this Court on the second day of 11th week from today without fail.
We would further direct the D.I.G. Karachi, the concerned S.S.P South, the concerned Commandant of Rangers, and the police deputed for removal of encroachments, to provide adequate and effective security to the officers concerned so that the above mandate may be carried out safely and without any obstacle and/or hindrance.
We would also direct that in case the petitioner has carried out any illegal and unauthorized construction and/or has effected any encroachment he shall also remove the same within the prescribed time and upon his failure the relevant functionaries shall do that as prescribed above.
A copy of this order be also sent to DIG, Karachi as well as S.S.P. South to ensure compliance.
J U D G E
J U D G E
DB.Mr.Justice Maqbool Baqar & Mr.Justice Naimatullah Phulpoto/06.9.2012/zahid