Pakistan Case Law
2020 SCMR 121

ABDUL KARIM Versus NASIR SALIM BAIG

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Citation2020 SCMR 121
CourtSupreme Court of Pakistan
Case No.C.P. No. 815-K of 2016 and C.R.P. No. 19-K of 2017 in C.P. 815-K of 2016 and C.M.A. No. 391-K of 2017 in C.R.P. 19-K of 2017 and Criminal P. No. 102-K of 2018
Date2019-01-24
Judge(s)Gulzar Ahmed and Sajjad Ali Shah
Authored byGulzar Ahmed
ResultOrder accordingly
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter concerns the ongoing judicial oversight of illegal encroachments and unauthorized commercial constructions on public lands, parks, and amenity plots across Karachi. The core legal question involves the state's obligation to restore public lands—including those designated for parks, playgrounds, and railway operations—to their original intended use and the removal of illegal commercial structures such as marriage halls and markets. The Court, in its holding, acknowledged the compliance regarding the demolition of specific illegal structures on KW&SB land and the development of a public park. Furthermore, the Court directed the Advocate General of Sindh to coordinate with various government agencies, including KDA, KMC, and Cantonment Boards, to formulate a comprehensive plan for city restoration, rehabilitation of displaced persons, and the removal of encroachments from cantonment and state lands. The key principle established is the state's mandatory duty to protect public amenity land from commercial encroachment, ensuring that lands designated for public use are strictly utilized for their intended purposes, and the requirement for state authorities to submit actionable plans for the restoration of the city's master plan.

Questions settled in this judgment
  • Is the state obligated to restore public lands designated for parks and amenities that have been illegally occupied for commercial purposes?
  • Can the Court mandate the removal of commercial structures, such as marriage halls and markets, constructed on land designated for cantonment or public use?
  • Does the Court have the authority to require government agencies to coordinate and submit a comprehensive plan for the restoration of a city's original master plan?
Laws & provisions referred
  • Order XXVII, Code of Civil Procedure 1908
encroachmentpublic amenity landKarachi master plancantonment landjudicial oversighturban planningillegal construction

ORDER

GULZAR AHMED, J.--- The Managing Director KW&SB has submitted a report stating that the order of this Court dated 22.01.2019 has been complied with to the extent that Marriage Hall and KW&SB Officers Club constructed on KW&SB Land at Shahrah-e-Faisal have been demolished. The Managing Director KW&SB states that work for making a public park on this land will be started immediately and KW&SB is going to achieve within a period of two months' time. Thus this report is taken on the record.

2. As regards all other aspects of the city, learned Advocate General Sindh has made a statement that he is going to consult with all relevant authorities of the government of Sindh in coordination with KDA, KMC and Cantonment Boards of Karachi so also other agencies like KPT, CAA, PIA, Evacuee Trust, for bringing the city of Karachi to its glory which will be best suited for the people and residents and in this regard will consult with all the top city planners as to how the existing buildings which may have to be removed from the city, will be removed, the people who are dislocated and displaced by such plans are rehabilitated.

3. It seems that lands of Malir River so also the land of Korangi Industrial Area have also been occupied for commercial purposes and constructions on them have already been made. Similarly there are so many other places all over the Karachi which are meant to remain open under the City plan or are meant for parks, playgrounds or other amenities have been occupied and even allowed to be used for commercial purposes like marriage halls, markets, shopping centers, apartments, petrol pumps and CNG stations. There are State's lands belonging to various agencies including Government of Sindh and Government of Pakistan which have been encroached and occupied illegally and on them too before the eyes of Government huge constructions have been made. Similarly there are Railways lands on which too, huge encroachments and constructions have been made even the Karachi Circular Railway lands have been occupied and Karachi Circular Railways is no more in operation. Learned Advocate General Sindh states that he is going to find solution in this regard and emergent meeting of all Secretaries will take place. He also states that there will be a Cabinet Meeting of Chief Minister and all this will be done within two weeks and a comprehensive report will be submitted to this Court along with original un-amended master plan of the city of Karachi.

4. Director General KDA states that Aziz Bhatti Park has been cleared from all encroachments in that Customs Club, Nursery and Softina Marriage Hall have been removed and whole land of park has been made available and it is being developed as a model park of the city of Karachi for recreation and enjoyment of the citizens of Karachi. Further report be also called from the Cantonment Boards of city of Karachi and all the Chairman of the Cantonment Boards shall also be present on next date. Similarly, Director Lands, Cantonment Board Karachi along with Cantonment Executive Officers will also be in attendance on the next date. They shall submit reports to the court about the removal of all sort of commercial activities from the cantonment lands more particularly Global Marquees on Emergency Military Medical Supplies Land for Sindh and Balochistan. Adjacent Marquees, Marriage Halls, Grand Convention Hall shall also be removed and all cantonment lands meant for cantonment purposes are to be used only for cantonment purposes and not for any other use and their use shall be restored. A report in this regard shall be made available to this court on the next date; in particular cantonment areas Rashid Minhas Road, Karsaz and Shahrah-e-Faisal are initially pointed out and a report in this regard be made available to this court. On the land of old sabzi mandi a marriage hall has been constructed by military people, it shall be removed and Askari park shall be restored and it is ensured that proper park on the whole land of old sabzi mandi is available for the public for their recreation and enjoyment. Let Notice be issued to the Chairman KPT, Chairman PIA, Chairman Karachi Electric, State Life Insurance Corporation, Commissioner KMC, ASF, DG CAA for next date. Adjourned to a date to be fixed after two weeks. Let notice be also issued to Attorney General for Pakistan under Order XXVII, C.P.C.

MWA/A-34/SC Order accordingly.

Cited by 1 case

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