KARACHI: The Sindh High Court has ordered a probe into the conduct of revenue and anti-encroachment authorities over drives against encroachments in various goths of Malir.

The SHC observed that actions of these authorities raised serious concerns regarding the potential misuse of power and the excess of their legally conferred authority. The allegations suggest a disregard for the due process of law and rights of citizens particularly the underprivileged segments of society, the court observed.

The two-judge bench headed by Justice Salahuddin Panhwar further stated that chairman of the Anti-Corruption Establishment of Sindh was being appointed to conduct the inquiry and must determine whether actions taken were within the bounds of the land revenue laws and the Sindh Public Property (Removal of Encroachment) Act, 2010 and its rules as well as to scrutinise the regularisation process of a village.

The bench ordered an inquiry against the anti-encroachment operations carried out in Abdullah Goth, Dur Muhammad Goth and Lashari Goth and ordered that the inquiry must be completed and a comprehensive report be submitted within 90 days.

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It noted that a report filed by the deputy commissioner of Malir last year detailed the existence of these goths and construction of cemented houses, a mosque and residences of numerous families therein and it was brought to the attention of the SHC that the revenue and anti-encroachment authorities had conducted anti-encroachment drives resulting in the displacement of villagers/poor persons from their homes.

Additionally, the bench said that an intervener also submitted several documents regarding the regularisation process of Dur Muhammad Jatoi Village before the revenue department concerned.

“Although the issue was not covered by the Sindh Public Property (Removal of Encroachment) Act, 2010, the revenue department and anti-encroachment authorities misused their powers and exceeded the authority invested in them under the law”, it added.

While dismissing a petition filed against encroachments in 2022, the bench also observed that there was a dispute between the board of revenue and Malir Development Authority over the area in excess, which was alleged to have been occupied by the MDA and thus, besides the issue regarding boundaries and demarcation, it required to be determined by recording evidence of the parties before the competent civil court.

Published in Dawn, June 2nd, 2024