President Poors Welfares (Petitioner) VS Regional Police Officer and others (Respondent)

ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH

AT SUKKUR

C. P. No. D – 939 of 2012

Date of hearing

Order with signature of Judge

Hearing of case

For orders on CMA No.730/2019 (I Rule 10, CPC)

For hearing of main case

For hearing of CMA No.3406/2012 (S/A)

None present for the petitioner.

Mr. Shafqat Raheem Rajput, Advocate for the intervenor.

Mr. Muhammad Ali Napar, Advocate for respondent No.4 along with respondent No.4.

M/s Shafi Muhammad Chandio, Additional Advocate General Sindh and Noor Hassan Malik, Assistant Advocate General Sindh along with Mehmood Simair, DSP.

The petition involves the plot of land (measuring 150 square yards), which, as per record of the property register card, was given to the Police Department for “Police Picket”. With the passage of time, the local residents started dumping garbage and has become a dumping yard. The Police Department then thought of converting it into a commercial plot for raising multistory building consisting of shops at the ground floor and flats on the upper floors No.1 to 5 and also basement underneath the shops.

2.A contractor was then arranged by Police Department for raising this multistory building on 150 square yards’ plot. An agreement was entered into between Sukkur District Police Shopping Welfare Fund and Mansoor Ashraf, the contractor.

3.It is claimed that the scheme was approved by Additional IGP / Regional Police Officer, Sukkur Region vide his letter No.GB/16507 dated 13.06.2011. The letter is available as Annexure ‘B’ to a statement filed by Senior Superintendent of Police, Sukkur (Syed Asad Raza) on 25.10.2018. The construction consisted of (i) six shops on the ground floor, (ii) ten flats on five floors, (iii) four shops at the monthly rent of Rs.1,500/- each, (iv) one shop at the monthly rent of Rs.1,200/- each, and (v) ten flats at the monthly rent of Rs.600/- each, whereas, a small space is left for Police Picket Dhak Road instead of 6th shop on the ground floor.

4.Vide Annexure ‘C’ to this statement, the Police Department admitted the execution of the agreement and the approval of the scheme, but they refused to receive any such rent. This approval was allegedly based on Standing Order No.207 of 2005, as argued, though the letter dated 13.06.2011, approving the subject, is silent as to on what authority this construction for welfare of the police was allowed. The Standing Order No.207 of 2005 was to ensure proper supervision over working of District Police in Police Regions of Hyderabad and Sukkur.

5.This Standing Order, under no stretch of imagination, could empower any authority of Sindh Police including Additional IGP / Regional Police Officer, Sukkur Region to allow and approve a multistoried building for their personal monetary benefits. The plot meant for Police Picket and in defiance of the status of the land / plot, they have allowed a contractor to raise a multistoried building, consisting of shops and flats for their own benefits.

6.Government of Sindh / Board of Revenue grants these lands to different departments to cater their professional necessities and requirements in discharge and dispensation of their professional duties and daily work. It (the property) cannot be used for their personal gain, as has been done in this matter. Even Standing Order No.207 of 2005 is silent and, hence, cannot be relied upon.

7.We have been informed that a number of plots, which were, otherwise available for the working benefits of the Police Department, have been misused for personal gain by allowing them to be used by way of raising construction of multistoried buildings. These police officials get their salary and perks and post-retirement benefits and they are not allowed to assume the role of a builder and start raising construction of a multistoried building to generate additional income for their own benefit, out of the government property.

8.The Police Department should be more vigilant insofar as their own mandate is concerned rather than assuming role of a professional builder. This building is liable to be demolished forthwith, as it has been raised illegally and unlawfully and without any mandate. The structure over the plot, meant for Police Picket and, thus, liable to be demolished.

9.The stance of learned AAG Sindh that they have neither received any rent nor any monetary benefit, is contrary to their original stand when it was claimed that the agreement was executed on the basis of a Standing Order, as referred above. The officials responsible should be taken to task. Department must disclose all such plots where construction has been raised in the above manner within four (04) weeks by filing report to this Court.

10.At the conclusion of this order, the contractor namely Mansoor Ashraf (respondent No.4) has appeared and requested that they have been persuaded by the Police Department to invest and raise construction thereon and since now it has been held as illegal and unlawful, therefore, a reasonable time be given to him and the occupants so that they may have alternate arrangement as far as vacation of premises is concerned. Accordingly, we deem it appropriate and grant thirty (30) days’ time to vacate the premises before any action could be taken by the official respondents in this regard.

11.Petition stands disposed of along with listed applications, and compliance report be filed in four (04) weeks.

J U D G

E

J U D G

E

Abdul Basit