SHC orders alternative land, Rs50m in damages to man fighting for plot that he bought in 1986

The Sindh High Court (SHC) has issued a decree against the Karachi Development Authority (KDA) and other defendants in sum of Rs50 million and directed the landowning authority to provide an alternative commercial plot to a man who was denied the possession of his plot for the last 36 years.

Plaintiff Dr Abdul Malik had sued the KDA for not giving possession of his commercial plot measuring 416 square yards in Gulistan-e-Jauhar Block 9, Scheme 36, since December 12, 1986, despite payment of all outstanding dues.

The plaintiff submitted that he had been allotted the commercial plot of 416 square yards on the basis of an open auction held on June 29, 1986. He alleged that despite the payment for the entire plot, he had continuously been denied the possession of his property by KDA officials and the land was encroached upon in 1995.

The plaintiff’s counsel submitted that from 1995 till 2012, his client battled against such encroachers by corresponding with law enforcement agencies, including the KDA, but could not get any result.

A counsel for the KDA despite raising objection to the maintainability of the lawsuit saying it was time-barred admitted to the claim of the plaintiff to the extent that he had purchased the subject plot.

The KDA admitted that the entire block where the subject plot was situated was occupied by land grabbers illegally in the name of New Bakhtawar Goth. The authority went on to admit that it could not take any action to remove the encroachments as well as illegal constructions. The KDA, however, beseeched that the plaintiff’s grievances be redressed.

A single bench of the SHC headed by Justice Zulfiqar Ahmed Khan after hearing the arguments observed that the content of the plaintiff suit were admitted by the KDA to the extent that the entire commercial area of Gulistan-e-Jauhar Block 9 had been illegally occupied by land grabbers who were affiliated with the political party ruling the sitting government and also had support from ministry of interior and police department, who had refused to help remove the encroachments.

The high court observed that the KDA was responsible for the land management in the city as well as responsible for removal of encroachments, bit it was regrettable that it had failed to fulfil the obligation, owing to which the plaintiff had been suffering in advance age.

The bench observed that it was apparent from the record that Block 9 of Gulistan-e-Jauhar, where the subject plot was situated was under acute encroachment where not only hundreds of houses as well as shops had been constructed, however, the plaintiff in his prayer clauses prayed for an alternative plot in addition to damages of Rs50 million.

The SHC observed that the plaintiff has successfully made out his case for damages and directed the KDA to allot an alternative commercial plot to him to be equal in size, location and market value in lieu of the said plot and this allotment would satisfy the rule of fundamental right to property as enshrined in the Article 23 of the Constitution. The high court also decreed the lawsuit against the KDA and other defendants observing that they were also liable to pay a sum of Rs50 million to the plaintiff in damages.