Islamuddin & others (Petitioner) VS P.O Sindh & others (Respondent)

ORDER SHEET

IN THE HIGH COURT

OF SINDH BENCH AT SUKKUR

C. P. No. D – 1443 of 2018

Date of hearing

Order with signature of Judge

Hearing of case (priority)

1.For orders on office objections at Flag-A

2.For hearing of CMA No.7390/2018 (S/A)

3.For hearing of main case

(Order sent to AAG)

Mr. Munawar Alam Khan, Advocate for the petitioners.

Mr. Khuda Bux Chohan, Advocate for Sukkur Municipal Corporation.

Mr. Zulfiqar Ali Naich, Assistant Advocate General Sindh.

Learned counsel for the petitioners, at the very outset, when enquired as to what process was adopted by the Local Government to handover the subject premises, which was carved out from a park, Mr. Munawar Alam Khan has relied upon Sections 121 and 124 of the Sindh Local Government Ordinance, 2001. He submits that the Local Government was competent to lease out any piece of land through competitive biddings by public auction, however, they were not empowered to dispose of the property on permanent basis. When enquired as to whether such competitive biddings through public auction were exercised by the Local Government, Mr. Munawar Alam Khan submits that since it was for the public use, therefore, no process of competitive biddings or public auction was required. He, however, maintained that subject land was not part of any park.

We do not appreciate the manner on the basis of which this piece of land was allegedly allotted by the Local Government to the petitioners and that too from a park commonly known as Jinnah Chowk Children Park. District Judge has submitted compliance report which confirms this premise to be part of Jinnah Chowk Children Park. The petitioners as such are nothing but the trespassers of the land which is meant for park. They do not stand on any merit as far as the occupation of this land is concerned. The provisions of the Sindh Local Government Ordinance, 2001 were misused by the Local Government and the concerned officials of the Local Government are equally responsible for the issuance of the allotment order, which is available at page 25 of this petition.

This petition as such is misconceived and is dismissed. At the same time, we expect that the concerned Ministry of Local Government shall take steps in issuing show cause notices to all those officials of the Municipal Corporation / Municipal Administration who are involved in issuance of such allotment orders or execution of leases without following the procedure as required under the Sindh Local Government Ordinance, 2001 and/or the Sindh Local Government Act, 2013 and such show cause notice be taken to its logical end.

The petition stands dismissed along with the listed application.

J U D G

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J U D G

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Abdul Basit