KARACHI, May 23: The Sindh High Court on Friday asked the official surveyor to identify and demarcate the land allotted to a co-operative housing society and the Pakistan Rangers in Gulshan Town and directed its nazir to prepare a situation report in respect of the disputed property.
A petition has been filed by the Kolachi Co-operative Housing Society claiming that it was allotted 100 acres at Deh Kiewari, Gulshan Town, but the Rangers have encroached on it and were raising unauthorized construction.
A Rangers colonel appeared before a division bench consisting of Chief Justice Azizullah M. Memon and Justice Khalid Ali Z. Qazi and submitted that the paramilitary force was allotted five acres in the village by the former chief minister for a housing colony for its employees. Housing units were being raised on the land and the work was expedited recently to utilize the budgetary allocation for the project, which would lapse on the expiry of the financial year.
The bench, which had restrained the Rangers from raising further construction on the previous date, modified its interim order to say that any structure on the disputed land would be built by the Rangers at their own risk and would be liable to demolition depending on the final outcome of the petition.
Representing the petitioner, Advocate Abrar Hasan requested the bench to order inspection of the site by the SHC nazir to ascertain whether the land occupied and being utilized by the rangers was separate and distinct from the area allotted to the co-op housing society. He said there was no demarcation on the ground and a ‘situation report’ would help settle the matter expeditiously.
Further hearing was adjourned to May 30 and deputy attorney-general Imran Ahmed accepted notice on behalf of the federation.
Thatta land
The bench disposed of a petition in respect of 30 acres of state land at Deh Gharo, Taluka Mirpur Sakro, District Thatta, advising the petitioner to seek his remedy from the provincial board of revenue. Petitioner Ferozuddin Riaz had contended that the district revenue officials had allotted the state land by manipulating and fabricating entries in the record of rights.
Appearing for the intervener allottee, Chaudhry Tahir Hussain, Advocate Ghulam Rasool Mangi argued that an appeal against the revenue officials could be moved in the provincial board of revenue and the petitioner could not invoke the writ jurisdiction of the high court.
Election challenged
The bench issued notices to the respondent MPA and Election Commission in a petition moved by Agha Arsalan Khan of the Pakistan People’s Party against the election of National People’s Party’s Abid Hussain Jatoi from the Shikarpur provincial constituency PS-12. The PPP candidate had earlier assailed Mr Jatoi’s election on the ground of widespread rigging and the Election Commission conducted a re-election on PS-12 as well as NA-202 (Shikarpur), which was earlier bagged by NPP’s Dr Ibrahim Jatoi. While Dr Ibrahim Jatoi lost to PPP’s Aftab Shaban Mirani in the re-election, Mr Abid Jatoi again won the seat and was notified.
The PPP candidate moved for urgent hearing of his pending petition against ineligibility of Mr Abid Jatoi for his not being a graduate through Advocate Raja Qureshi, who argued that the MPA suffered from a disqualification that could neither be overlooked nor cured.
Holding brief for Advocate Abdul Hafeez Pirzada, Mr Jatoi’s counsel, Advocate Rana Ikramullah argued that the petitioner had agreed to hearing after the summer vacation and it could not be advanced. The MPA had already been declared and notified elected and the only remedy for the petitioner was to file an election petition under the Representation of People Act. The petitioner could not be allowed to raise piecemeal objections to Mr Jatoi’s election, he argued.
Cardiologist’s plea
The bench adjourned hearing of a petition moved by Dr Salim Shaikh, a cardiologist employed with the Karachi Port Trust Hospital. He submitted through Advocate Adnan Karim that his promotion had been held up because of ‘disaffiliation’ of Vienna University, Austria, by the Pakistan Medical and Dental Council. He said he obtained a diploma in June 1988 while the ‘disaffiliation’ occurred in September 1988.
The PMDC decision could not operate retrospectively as four of his batchmates who applied for recognition and equivalence certificates in 1988 were certified by the PMDC.
FM radio licence
Another division bench comprising Justices Yasmeen Abbasy and Rana Mohammad Shamim issued a notice to a federal attorney in a petition moved by Financial Broadcasting Service (Pvt) Limited against withholding of a licence by the Pakistan Electronic Media Regulatory Authority.
The petitioner company claimed that it acquired licences to operate FM channels in Karachi and Peshawar in an auction conducted in 1999. It paid the requisite 15 per cent earnest amount of Rs1.04 million and Rs 2,000,000 for Karachi and Peshawar, respectively. The grant of licence was, however, delayed by security clearance from the federal agencies. When the matter was settled with the interior ministry, the Pemra said ‘the licence quota/slot had already been exhausted’.
Shahid Rind case
A division bench comprising Justices Mrs Qaiser Iqbal and Mahmood Alam Rizvi, meanwhile, issued a notice to the anti-terrorism court trying Shahid Rind as Bahadur Brohi, brother of notorious offender Mashooq Brohi, in a kidnapping for ransom case.
The accused filed a criminal revision application against dismissal of his application against identification parade by the trial court. He said he had become so “notorious” during the proceedings on his habeas corpus petition that he could be easily recognized by any one. Dismissing his application against the parade, the ATC proceeded to fix a date for framing of charge. He requested the high court to restrain the ATC pending his plea against identification and determination of his real identity.
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