KARACHI: The Sindh High Court has directed the federal and provincial authorities concerned to compensate a plaintiff housing society or provide an alternative piece of land as five acres have been taken away from it for ‘operational purpose’ of Pakistan Rangers Sindh.

The SHC directed the respondents to comply with these directions or their senior officers would face contempt of court proceedings.

The Callachi Cooperative Housing Society Limited had filed a petition in 2017 about the subject issue located in East district and cited the Ministry of Interior, Rangers and various provincial departments as defendants.

A single-judge bench of the SHC headed by Justice Muhammad Faisal Kamal Alam noted that a report of nazir, submitted in September 2023, inter alia, said Pakistan Rangers was in occupation of around five acres of land of plaintiff society, although it was disputed by their counsel in court, who argued that the land was used for the “operational purpose” and willing to file objections to the nazir’s report.

Directs authorities to compensate a complainant whose land was taken away for ‘operational purposes’ by Rangers

Firstly, the nazir’s report had been prepared after the physical site inspection in which besides official defendants, the help of revenue authorities and assistance of Survey of Pakistan was also taken, it added.

The bench in its order also said that secondly, it was observed in the order passed on Sept 24, 2024 that the law officers of the province and the federation had not disputed that five acres of land had been taken away from the plaintiff society for the operational purpose of the Pakistan Rangers/defendant No.2 and the government was considering to compensate the society either through monetary compensation or alternative land.

An intra-court appeal was filed against the order in question, but the same was unsuccessful, it said and added that a solution was given in the earlier orders, that either the Sindh government should allot an alternative land or compensate the society, but it was not done.

While referring to the earlier judgements of the SHC, the bench said, “The fact remains that property right of a citizen or entity cannot be violated on the pretext of the alleged ‘operational purpose’ or ‘security issue’. Till date no plausible material is brought on record to justify the ‘operational purpose’”.

The bench also said, “Government departments are duty bound to provide administrative justice to persons/citizens, in particular, in a situation where an official act infringes the fundamental rights. Continuous and deliberate inaction [indecisiveness] on the part of state organ or the functionaries to redress a genuine grievance of a person, can be construed as a breach of provisions of the Principles of Policy, as envisaged in our Constitution, which is an official sacrosanct covenant between the State and its Citizens”.

The bench adjourned the hearing till Feb 20.

The court warned that official defendants are directed to expedite these directions or their senior officers will face contempt of court proceedings.

It also asked its office to communicate the order to the chief secretary of Sindh.

Published in Dawn, January 27th, 2025

Opinion

Editorial

Maulana’s message
Updated 11 Mar, 2025

Maulana’s message

The problem now is that most jihadi fighters, ideologues refuse to end their "struggle" on advice of state or mainstream clerics.
President’s speech
11 Mar, 2025

President’s speech

PRESIDENT Asif Zardari, addressing Monday’s joint session of parliament to mark the start of a new parliamentary...
Indian takeover
11 Mar, 2025

Indian takeover

BY the time the Champions Trophy final ended, the only indicators that the tournament had been hosted by Pakistan...
Mosquito season
10 Mar, 2025

Mosquito season

AS temperatures rise, the threat of dengue looms large over Pakistan. Its warning signs have already arrived. Dengue...
Reckless rhetoric
10 Mar, 2025

Reckless rhetoric

ONCE again, the Indian leadership gave in to their worst impulses, with External Affairs Minister S. Jaishankar...
Water scarcity
Updated 10 Mar, 2025

Water scarcity

The need to meet climate challenge is even greater when Pakistan is prone to multiple disastrous events at the same time.