SC sets aside order for allotment of amenity plot

KARACHI: The Supreme Court of Pakistan on Tuesday set aside the provincial ombudsman’s order with regard to allotment of a 5,000 square yards amenity plot to the Kanpur Old Boys Association (KOBA) in Gulistan-e-Johar and directed the Karachi Metropolitan Corporation to convert the land into a park.

Hearing an appeal filed by the association with regard to non-allocation of amenity plot, an SC three-member bench headed by Chief Justice Qazi Faez Isa observed that the people of Karachi were already facing shortage of parks and open spaces as everything related to public recreation had been sold out. The court observed that the amenity plot could only be used for amenity purposes and it was unfortunate that the Karachi Development Authority had not known what to do with the 5,000 square yards amenity plot. The court observed that the amenity plot was lying vacant and there were many groups in Karachi which might occupy the same. The court observed that the provincial ombudsman gave undue favour to the petitioner and passed illegal orders with regard to the plot allotment.

Association’s counsel Farogh Naseem said the plot was allotted to the association in 1981 for amenity purposes, which was later cancelled by the Karachi Development Authority. He said the association had submitted the requisite Challan on December 28, 1987, but possession of land was not handed over to the association. The KDA had alleged in a show cause notice that no construction was made on the plot despite the fact that the land possession was not handed over to the association. The allotment of plot was cancelled soon after serving the show cause notice and the same was challenged before the provincial ombudsman.

The court inquired why the matter was taken up before the provincial ombudsman when there was maladministration. The court observed that the provincial ombudsman had no jurisdiction to entertain the application and pass the order. The court set aside the provincial ombudsman’s order with regard to allotment of the land and upheld the KDA order with regard to cancellation of allotment. The court directed the KDA and KMC to construct a public park on the land, observing that the amenity plot should be used for amenity purposes. The court directed the KDA to submit a report on the plot status.