Sindh govt told to clarify Deh land alterations
KarachiThe Supreme Court has directed Sindh government to file a statement on a plea against adjustments in land of 43 Dehs by the Malir Development Authority (MDA).The direction came on an application by Syed Mehmood Akhtar Naqvi who had submitted that the MDA was adjusting the said land pursuant to
By Jamal Khurshid
March 01, 2015
Karachi
The Supreme Court has directed Sindh government to file a statement on a plea against adjustments in land of 43 Dehs by the Malir Development Authority (MDA).
The direction came on an application by Syed Mehmood Akhtar Naqvi who had submitted that the MDA was adjusting the said land pursuant to the different notifications issued by the BoR, claiming that the land exchanged did not match the valuation and even otherwise did not permit such adjustments.
He alleged that the MDA was allegedly making illegal adjustments in the land to favour the Bahria Town management by purchasing the land on lower prices and transferring the same to prime locations of the city.
The court had directed the director general MDA and deputy commissioners of Malir and West to provide details of the adjustments made in the two districts. They were told to submit all details in the proposed report about the complete description of the lands, their nature with the names of the owners against which the adjustments have been made.
The two-member bench, headed by Justice Amir Hani Muslim, had questioned the genuineness of the relevant notification regarding adjustment of the land, observing that the summary floated did not bear the signature of the chief secretary pursuant to which notification on December 26, 2013 was issued by the provincial government.
The court also observed that notification was against the fundamental right guaranteed under the constitution and was a permanent nuisance for the private owners of the land as such notification of the controlled area deprived them from enjoying the rights of their properties.
The court stated that there was no such justification and the vires of such notification shall be examined.
The advocate general Sindh was directed to file a concise statement.
The Supreme Court has directed Sindh government to file a statement on a plea against adjustments in land of 43 Dehs by the Malir Development Authority (MDA).
The direction came on an application by Syed Mehmood Akhtar Naqvi who had submitted that the MDA was adjusting the said land pursuant to the different notifications issued by the BoR, claiming that the land exchanged did not match the valuation and even otherwise did not permit such adjustments.
He alleged that the MDA was allegedly making illegal adjustments in the land to favour the Bahria Town management by purchasing the land on lower prices and transferring the same to prime locations of the city.
The court had directed the director general MDA and deputy commissioners of Malir and West to provide details of the adjustments made in the two districts. They were told to submit all details in the proposed report about the complete description of the lands, their nature with the names of the owners against which the adjustments have been made.
The two-member bench, headed by Justice Amir Hani Muslim, had questioned the genuineness of the relevant notification regarding adjustment of the land, observing that the summary floated did not bear the signature of the chief secretary pursuant to which notification on December 26, 2013 was issued by the provincial government.
The court also observed that notification was against the fundamental right guaranteed under the constitution and was a permanent nuisance for the private owners of the land as such notification of the controlled area deprived them from enjoying the rights of their properties.
The court stated that there was no such justification and the vires of such notification shall be examined.
The advocate general Sindh was directed to file a concise statement.
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