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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: SHAHHAROON COOPERATIVE HOUSING SOCIETY, Through Chairman VS Respondent: CITY DISTRICT GOVERNMENT, Through District Coordination Officer And 5 Others
Court Name: Sindh High Court Judge(s): Mushir Alam, Aqeel Ahmed Abbasi Title:SHAHHAROON COOPERATIVE HOUSING SOCIETY, Through Chairman vs CITY
DISTRICT GOVERNMENT, Through District Coordination Officer And 5 Others Case No.: Constitution petition No.2229 of 2007 Date of Judgment:2010-01-13 Reported As: 2011 YLR 502 Result: Order accordingly Judgment ORDER 1 and 2. This petition seeks directions for removal of alleged encroachment over 24-acres of land in Sector 11-A Scheme No. 33, Taluka District Karachi. It is stated by the learned counsel that Mukhtiarkar ACSO Scheme No. 33 had addressed a letter to D.O. Enforcement for removal of such encroachment; therefore, it is their responsibility to remove all encroachments. Mr. Manzoor has drawn our attention to the possession later, Annexure "B" to the petition, which shows that vacant physical possession of 24-acres of land has been handed over to the petitioner according to the demarcation, which letter has been filed by the petitioners themselves. Mr. Meeran Shah, A.A.-G. Also states that merely forwarding request of the petitioner to the authority concern does not foist the responsibility on the respondents to provide any assistance which they are not obliged under the law. Mr. Abrar learned counsel for the petitioner has drawn our attention to Sindh Public Property Removal of Encroachment Act, 1975. It may be observed that such Act is only applicable as regard the encroachment on public property and not on private property. The remedy of the petitioner squarely lies either under the General Law i.e. Section 9 of the Specific Relief Act and/or under the Illegal Dispossession Act, 2005 or under the criminal proceedings as may be considered expedient by the petitioner. Petition in terms above stands disposed of along with all listed applications.