SHC orders demarcation of 3,009 acres in Thatta to settle dispute between Navy, PQA

The Sindh High Court (SHC) has ordered the demarcation of 3,009 acres of land situated in Mirpur Sakro in Thatta to resolve a land dispute between the Port Qasim Authority and Pakistan Navy.

The order came recently on a petition of the Port Qasim Authority seeking demarcation of 1,250 acres of land in its favour in Mirpur Sakro.

The authority submitted in the petition that the federal government had directed the Sindh government to allocate 3,000 acres of land for a textile city in 2006 and the provincial cabinet in a meeting held on October 24, 2007, decided to allocate 1,250 acres of land to the authority.

The Port Qasim Authority’s counsel submitted that such allotment had been made and the requisite amount in sum of Rs1,250 million deposited to the revenue department.

The counsel submitted that the Pakistan Navy was possessing the petitioner’s land despite the fact that an area of 1,630 acres from a creek towards the National Highway had to be transferred to the Naval authorities.

The SHC was requested to demarcate the subject land of 1,250 acres in Deh Gharo, Mirpur Sakro, in favour of the authority and restrain the Naval authorities from carrying out the demarcation process.

The naval authorities, however, claimed the right and title of 3,009 acres of land pursuant to the cabinet decision under the chairmanship of the Sindh chief minister submitting that an area of 1,626 acres was leased out to the Pakistan Navy after payment of requisite charges.

A division bench of the SHC headed by Justice Aqeel Ahmed Abbasi after hearing the arguments observed that the controversy in the instant matter would not be resolved unless the demarcation of the land in question was carried out. The bench without prejudice the right and claim of the parties in respect of the land appointed the Nazir as a commissioner to inspect and supervise the process of demarcation of the subject land.

The SHC observed that the Nazir shall ensure that the entire demarcation exercise was carried out in accordance with the law and submit a compliance report.

The high court observed that the entire exercise shall be completed within a period of four months. The SHC, however, made it clear that such demarcation and the report as may be submitted by the Nazir would not affect the existing right, title or possession over such land and the same will be subject to further orders of the court.