ORDER WITH THE SIGNATURE OF THE JUDGE

1. For Katcha Peshi.

2. For hearing of Misc. No. 6725/2008

3. For hearing of Misc. No. 3433/2008

10.09.2012

Ms. Noor Naz Agha, advocate along with Mr. Sheheryar Khan, advocate

for the petitioner.

Mr. Tahawwar Ali Khan, advocate for CDGK.

Mr. Khursheed Jawed, advocate for SBCA on court notice.

Mr. Shafi Muhammad Memon, A.A.G.

Through this petition, the petitioner has challenged a show-cause notice dated 03.04.2008 issued by respondent No. 4 whereby respondent No. 4 directed the petitioner to remove the encroachment caused by him by constructing a house on plot No. D-46, Sector 8, Jinnah Colony, Malir Extension, Malir Karachi. It appears that the encroachment was alleged on road reservation. By order dated 30.4.2008 this Court was pleased to direct maintenance of status-quo in the matter, however, in violation of such order the functionaries of CDGK proceeded to demolish the alleged encroachment. Upon the petitioner’s request that in order to verify his allegation that in carrying out demolition of his house the functionaries of CDGK have not just removed the alleged encroachment on the space reserved for road but have demolished a portion of house falling within his plot and in doing so have fully demolished the staircases of his house leading to the first floor.
The report of the commissioner, appointed to inspect the site to verify the above, states that according to CDGK the CHAJJA / shed protruding beyond the boundary of the plot has been demolished by CDGK however, in addition to that the staircases within the boundary of the plot was also demolished by CDGK. The inspection was carried out in presence also of two officers from KBCA; whose note to that effect is also annexed to the report. No objections/rebuttal has been filed to the inspection report; which, as noted above, clearly reveals that CDGK in addition to the CHAJJA protruding beyond the boundary of the plot CDGK has also demolished portion of the structure/house within the plot including the staircases leading to the first floor. Such being the position, it cannot now be said that such extra / illegal demolition was not carried out by CDGK. Apart from the inspection report, it is even otherwise inconceivable that an owner of a plot would himself demolish his lawfully raised/constructed plot including major portion such as staircases rendering the entire first floor inaccessible just to raise a complaint against CDGK’s functionaries.

In view of the above, we would dispose of the matter by directing the Nazir of this Court to, through a qualified Civil Engineer; assess the value of re-constructing the portion demolished/damaged by the functionaries of CDGK within the boundaries of the petitioner’s plot. Such report shall be submitted within a week from today. Upon submission of the report, copies whereof shall be obtained by both the parties, the CDGK shall within a week compensate the petitioner with the value/cost of such re-construction/restoration and shall recover such amount from the officers/functionaries responsible for such illegal unauthorized act by making appropriate deduction from their monthly salaries. Compliance report to the above be submitted within one week from payment of compensation to the petitioner, to the MIT of this Court. The Engineer’s fee in the sum of Rs.5,000/= shall be paid by the petitioner, and the CDGK shall reimburse the fee to the petitioner after deducting the same from the officers/functionaries as in the case of compensation, as prescribed above.

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

J U D G E

DB.Mr.Justice Maqbool Baqar & Mr.Justice Naimatullah Phulpoto/10.9.2012/zahid