SHC tells govt to approach proper forum to get land for police training centre

The Sindh High Court (SHC) on Wednesday disposed of a petition of the Sindh government with regard to possession of some land allotted for a police training centre (PTC) in the Saeedabad area observing that the petitioner could initiate lawful proceedings for occupying the land in question, which if initiated, be taken to its logical end at the earliest.

The observation came on a petition of the Sindh government against the declaration of lawsuits decreed in respect of the boundary wall of the PTC Saeedabad. A division bench headed by Chief Justice Mohammad Shafi Siddiqui observed that two consolidated lawsuits were decreed in which plaintiffs sought declaration with regard to construction of the boundary wall beyond the 300 acres land allocated to the PTC.

The high court observed that the petitioners had filed two appeals and criminal revisions applications before a sessions court which were dismissed as time barred. The bench observed that as it was obvious the Sindh government and the police department slept over their rights, not only the suits were not contested properly but the two follow-up remedies were also not properly filed and were delayed for reasons best known to them.

The SHC observed that although the Sindh government availed the remedies before the sessions court however the importance of the land could not be ignored. The high court observed that the trial court while granting a negative declaration was also under the obligation to see what right the plaintiffs had in the suit land and whether the effect of the Section 42 of the Specific Relief Act were fulfilled.

The SHC observed that the petitioners ought to have taken serious steps or ought to have contested litigation with serious mind, which they had failed however the record also reflected that an execution application filed by the decree-holders was also dismissed as the prayer in the execution application exceeds the frame of decree.

The high court observed that apparently as far as the remedy and relief for occupying the land in question (or possession) was concerned, it had not been initiated by the petitioners.

The bench observed that the plaintiffs remained busy throughout in contesting the litigation with less serious mind with the hope that the possession would be delivered to them by court; however, this contest would not deprive the petitioners, that was the Government of Sindh (BOR), as well as the police department for whose benefit the land was allotted for police training, as a college.

The high court observed that although for the purpose of the present question of suits, no case for indulgence was made out but the petitioner had been prosecuting the matter in good faith for whatever it was worth and this would not deprive the petitioners from initiating lawful proceedings for occupying the land in question, which, if initiated, be taken to its logical end at the earliest.