KARACHI: The KPT officers housing society on Friday won the legal battle for allotment of 130 acres land at Mai Kolachi Bypass Expressway across the China Creek after the Sindh High Court decreed the allotment of 130 acres land in favour of the housing society after over 18 years of litigation.
The KPT society had challenged the Sindh government’s letter pertaining to the development work at the property claiming the land belongs to the Sindh government. The plaintiffs submitted that land was owned by the KPT and the KPT board had sanctioned the allotment of land and its lease to the plaintiff in 1990. However, the Sindh government ordered cessation of development work alleging the area has significance ecological value. The Sindh government filed their written statements and pleaded the land does not belong to the KPT but owned by provincial government. But the revenue department admitted that the KPT exercised control over properties since 1887 but they were never transferred by the provincial government to the KPT. The SHC’s single bench headed by Justice Mohammad Ali Mazhar observed that the Sindh government, Board of Revenue and other contesting defendants have failed to produce any documentary evidence and also failed to deny the documents produced by the plaintiff including the indentures of leases. The court observed that the Sindh government neither denied the transaction through which the KDA had acquired the land from the KPT for the KDA Scheme No.5 nor denied the indenture signed between the KPT and the United State of America for the leasehold rights of plot No. 3, 4 and 5 measuring 82,836 sq. meters at the M.T. Khan, Mai Kolachi Road, Karachi nor denied the letter of the then Chief Minster Sindh to the then Prime Minister in which the former had suggested that 75 acres of Chinna Creek may be acquired. The court observed that chief minister in his letter to the prime minister had stated that the land falls within the jurisdiction of KPT and it should be transferred to the Sindh government for better utilization and development of the city to Sindh government.
The court declared that impugned letter of the Sindh government on April 21, 2001 was issued without any lawful authority and has no legal effect. It also observed that no illegality was found in the lease of documents executed by the KPT. The court observed that the KPT officer housing society was entitled to the decree for permanent injunction and ordered the Sindh government not to take any adverse action in pursuance of impugned letter of April 21, 2001 against the plaintiff and neither cause any interference nor hindrance to the land in possession of plaintiff and its members.
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