KARACHI: Expressing serious displeasure over the Karachi Metropolitan Corporation’s (KMC) failure to take effective steps to retrieve valuable 25-acre amenity land in Orangi Town, the Sindh High Court (SHC) on Thursday ordered the Karachi mayor to restore the land and to take action overillegal allotments.
The high court also noted that despite categorical findings of a committee about serious illegalities and irregularities in the alienation of the subject land, the authorities concerned have failed to take effective remedial measures for restoration of the land.
A two-judge constitutional bench of the SHC headed by Justice Riazat Ali Sahar further noted that the prolonged inaction and perfunctory steps taken so far have created a legitimate apprehension that the beneficiaries of such illegal transactions as well as public officials concerned were being afforded undue protection rather than being proceeded against as per law.
It directed the mayor to file a comprehensive compliance report within 30 days specifying concrete measures for restoration of the land to its original pub-lic purpose, and initiate civil, criminal and departmental proceedings against all persons found responsible for illegal allotment, leasing, occupation and conversion of land, including public functionaries.
Two petitions were filed in 2022, with the petitioners asserting that the plot in question was located in Sector 16, Block-I, Orangi Town and, as per the approved layout plan, the land was meant for a Norwegian school and technical institute, including football and hockey grounds for school children.
However, they also contended that the land grabbers had encroached upon the land, illegally carved out residential plots and unlawfully obtained leases of such plots in collusion with the officials concerned.
The bench, in its order, noted that while disposing of these petitions inSeptember 2024, the SHC had ordered the Sindh chief secretary to constitute a committee to examine the status of the subject land and submit its findings/recommendations.
It also said the committee, in its report, categorically established that serious illegalities and irregularities were committed in the issuance of leases in respect of the subject land, which was originally reserved as amenity land exclusively for public purposes, particularly educational and healthcare facilities.
The bench further stated that the committee had also recommended immediate corrective measures for restoration of the land to its original status and appropriate legal and administrative action against those responsible officials and persons. However, it said that a report regarding restoration of the land, filed by the KMC officials, did not renect any concrete and meaningful step to retrieve and restore it, as the steps taken so far have largely been connned to correspondence and paper formalities without any tangible progress onthe ground.
The bench also observed that such superficial compliance can hardly be regarded as implementation of the committee’s recommendations and appeared to be nothing more than an eyewash. When confronted, the KMC officials conceded that the civil suits against the lessees were filed only three days ago and no criminal or departmental proceedings have been initiated yet against persons for illegal transactions and officials concerned.
‘We express our serious dissatisfaction and displeasure over the wholly unsatisfactory pace and manner in which this matter has been dealt with by the concerned authorities.
Despite the categorical findings of the committee regarding serious illegalities and irregularitiesin the alienation of valuablepublic amenity land, the authorities have failed to demonstrate the requisite seriousness, diligence and promptitude in taking effective remedial measures,’ the order stated.
The bench further stated that the prolonged inaction and perfunctory steps taken so far have created a legitimate apprehension that the beneficiaries of such illegal transactions as well as public officials concerned, who had facilitated them, were being afforded undue protection rather than being proceeded against them as per law.
It said such an approach is unacceptable, particularly when the matter concerns valuable public property reserved for the welfare of the community.
‘It must be emphasized that public amenity land is held by the state and its functionariesin trustfor the benefit of the general public.
Such land cannot lawfully be diverted, alienated or utilized for private benefit in disregard of the purpose for which it was reserved. Any unauthorised conversion or alienation of land earmarked for educational and healthcarefacilities not only defeats the very object of its reservation but also adversely affects the fundamental rights and legitimate interests of the community,’ the order added.
The bench also ruled that public authorities, entrusted with the protection and management of such property, were under a legal obligation to safeguard it against unlawful occupation, misuse and alienation and cannot remain passive spectators or treat the recovery of public property as a matter of administrative convenience.
Therefore, it directed the mayor to personally examine the matter and ensure that immediate, concrete and effective measures were undertaken to retrieve the subject amenity land and restore it to the purpose for which it was originally reserved.
The bench also ordered that all appro-priate legal remedies be pursued for cancellation of the illegally issued leases and recovery of possession of the land, as well as the institution of civil, criminal and departmental proceedings against all persons found responsible for or involved in the illegal allotment, leasing, occupation, conversion or misuse of the subject land.
It further said that no person found responsible must be extended any undue favour or protection merely on account of their official position or influence.
Adjourning the hearing till Dec 15, it further directed the mayor to file a comprehensive compliance report, supported by relevant documentary material, within 30 days, specifying concrete measures for restoration of land as well as civil, criminal and departmental proceedings initiated against all persons and officials concerned.