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Saturday June 15, 2024

Revenue officials, police facilitating land grabbing in Karachi, observes SHC

By Jamal Khurshid
August 27, 2023

The Sindh High Court (SHC) has taken serious exception to involvement of revenue officials and officials of other departments in manipulation of revenue record, land grabbing and encroachments of public and private land in Karachi, and directed the chief secretary to take immediate notice of the situation that may lead to a law and order situation in the city.

Hearing lawsuits pertained to ownership of land and encroachments in Scheme 33, a single bench of the SHC comprising Justice Mohammad Faisal Kamal Alam observed that the recent surge in property-related litigation was due to dishonest acts of government officials and their collusion with criminal elements.

The high court observed that local administration was involved in massive land grabbing in the city which could not have been done without aid and assistance of revenue officials, police and those exercising political influence.

The bench observed that many of the government officials were involved in land grabbing.

Taking notice of glaring interpolation in official record of Scheme 33, the SHC observed that such tampering could not have been made by any outsider except revenue officials themselves.

The SHC directed the Sindh advocate general to issue necessary instructions to the department concerned for carrying out an inquiry and submission of a report within four weeks.

The high court observed that as per the Nazir’s report, Mukhtiarkar of Scheme 33 and other officials had failed to comply with the court directives. The bench observed that as per the report, the possession of a piece of land was earlier restored on the intervention of the deputy commissioner concerned but the police officials were reluctant to restore the possession.

The SHC issued a show-cause notice to alleged contemnors Aijazul Hasan Khan, Mukhtiarkar of Scheme 33, and others seeking a reply on why contempt of court proceedings should not be initiated against them.

In another matter pertaining to denial of access to the plaintiff to his land, the Nazir submitted his report mentioning that no access was left to the land of the plaintiff because of the obstruction created by boundary walls raised by private defendants.

An assistant advocate general submitted that an entry in favour of a person, Zulekha, and other owners had been cancelled in suo motu proceedings and hence the plaintiff’s claim was bogus.

The high court observed that the revenue record produced before the court pointed out history of different entries as the entry number 20 belonged to Zulekha but the entry number 33 was in favour of the present plaintiff.

The bench observed that the registered lease instrument was executed by Zulekha in favour of the plaintiff and prima facie, the official record was tallying with the registered instrument relied upon by the plaintiff for his entitlement of land.

The SHC observed that the plaintiff’s counsel had rightly pointed out that the land was situated in Deh Bitti Amri and on the first page of the record, the word ‘Bitti Amri’ had been scored off with a pen.

The bench observed that it was a glaring interpolation in the official record, which could not have been done by any outsider except revenue officials themselves. The SHC directed the advocate general to issue necessary instruction to the authorities concerned and submit a compliance report.

The high court ordered the parties involved in the case to maintain status quo and ensure that no third party interest was created. The SHC directed the Mukhtiarkar to ensure proper access to the plaintiff to the land and remove the obstructions within three days.