SHC dismisses lawsuit against allotment of land to SICVD

The Sindh High Court has dismissed a lawsuit in respect of the allotment of 40 acres of land proposed to be handed over to the Sindh Institute of Cardiovascular Diseases (SICVD) for setting up its Karachi centre in Landhi by the provincial government.

Basham Baloch and others challenged the allotment of land to the SICVD for the purpose of construction of its head office to accommodate in-patients, out-patients, clinics, doctors’ and nurses’ residences, and administration block in Landhi.

The plaintiffs’ said the SICVD had requested the provincial government for the allotment of 40 acres to construct its head office, for which the agricultural land of the plaintiffs had been identified. The counsel said the plaintiffs had been in possession of 96 acres of land for agriculture purposes since the 1980s, and restraining orders had already been passed by the court in respect of the land. According to the counsel, the plaintiffs had established themselves as permanent tenants or Haris entitled to permanent holding individually within the parameter laid down by the land reform regulations, viz. 16 acres each, as the subsistence holding and jointly as families of the predecessors in the interest of the plaintiffs.

The court was requested to declare that the plaintiffs are permanent tenants or Haris of the suit property situated at Na-class 376 Deh Phihai in Landhi, and restrain the defendants from disturbing the peaceful possession of the plaintiffs from the suit property in accordance with the law.

The provincial law officer and NIVCD counsel submitted that the land is under the possession of the government and five research institutes function thereupon, as discernible from the record filed. They requested the court to dismiss the lawsuit as not maintainable.

A high court single bench headed by Justice Agha Faisal, after hearing the arguments of the counsel, observed that admittedly this is the fourth successive suit essentially in respect of the same land, parties etc.

The court observed that plaint does not set forth any manifest entitlement to seek relief per sections 42 and 56(k) of the Specific Relief Act 1877. The court observed that admittedly, the present suit pertains to the same property/parties as already pending therefore it may suffice to conclude the requirements to be borne in mind for rejection of a plaint have been satisfied. The court allowed the application filed by the Sindh government and the NIVCD/SIVCD seeking rejection of the lawsuit and dismissed the same.