HYDERABAD: The Anti-Encroachment Tribunal on Thursday ordered removal of 25-30 years old encroachment of a portion of street / amenity space by a private school. The encroached upon spaces are situated between Radio Pakistan’s Hyderabad station and Deputy Commissioner’s House.

The order was passed by the tribunal’s Judge Zulfiqar Ali Solangi.

According to excerpts of order, the DC being ex-officio director of the Anti-Encroachment Force, Hyderabad, is authorised to remove or demolish encroachments, including illegal structures, and recover cost of demolition / removal as arrears of land revenue from anyone found responsible for encroachment.

The tribunal authorised the Hyderabad DC to seek assistance from other agencies for the removal of the encroachments.

The spaces declared encroachments comprise a strip measuring 75 feet in width at western end and 170 feet at eastern end. They had been under the use of the Strong Base School and District Red Crescent Society for 25-30 years.

The suit was filed by Saad Ali Thaheem and Ghulam Sarwar Qureshi, a former councilor of the Hyderabad Municipal Corporation (HMC).

The DC Hyderabad, AC and Mukhtiarkar of City, HMC administrator and municipal commissioner, principal Strong Base High School and chairman District Red Crescent Hyderabad were defendants in the suit. Mr Thaheem was represented by Roshan Azeem Mallah while Sarwar Qureshi Advocate appeared in person to argue the case.

While hearing the suit, the judge had framed three questions on April 28, 2023 i.e. whether the suit is maintainable and same was filed with clean hands; whether there is encroachment on public street; what should the order be?

In his findings, he decided first two issues in ‘affirmative’ and disposed of suit as allowed.

According to the tribunal’s order, a large piece of land belonging to HMC estimated to be worth billions of rupees lies abandoned between Radio Pakistan Hyderabad, DC House and Strong Base School. Plaintiffs alleged builders and ‘qabza mafia’ developed interest in valuable HMC land.

To achieve objectives, these parties in collusion with HMC staff, management of Strong Base School and District Red Crescent Society (DRCS) unlawfully occupied HMC property worth millions of rupees including public street leading to disputed land. Plaintiffs asserted not only street was illegally occupied but a building was constructed on it. The building is presently being used by Strong Base School, according to the order.

Plaintiffs said public street was allotted to DRCS, which then transferred it to Strong Base School (on rental basis and the school had been functioning for close to three decades in the city’s prime area). Principal of defendant school stated that no illegal construction was done.

Mukhtiarkar Revenue City submitted a sketch of suit property in a report which indicated that an open space (6,037 sq yds) exists between DC house and Radio Pakistan as per City Survey Sheet No. 49-50. It added out of 6,037 sq yds, 930 sq yds were leased to DRCS for 99 years under an entry dated April 10, 2007 and the size was corrected as 1,140 sq yds on Nov 7, 2009. DRCS rented it to administrator of school which constructed a building on it. Radio Pakistan exists on 1,136 sq yds, houses on 584 sq yds and Govt Fatima High School on 3,177 sq yds but their ownership does not exist in City Survey records, he informed the tribunal.

Chairman DRCS said 1,140 sq yds of wasteland was entered in the name of Red Cross Office (District Red Crescent) under City Survey No.1,417. The land was granted free of cost by the municipal committee through resolution No. 889 dated Oct 30,1962 and by Hyderabad commissioner’s order dated Sep 8, 1969.

The tribunal noted that chairman DRCS filed comments on Jan 30, 2023 but didn’t participate in proceedings. Principal Sakina Aijaz testified as a witness, denying all questions regarding encroachment. The tribunal noted it lacked powers to declare documents null and void. However, as the grant documents violate relevant laws, they hold no legal value and were deemed baseless.

The tribunal observed that “as noted above, grant, allotment and leasing of street land under West Pakistan Municipal Committee (Property) Rules 1962 are unauthorised” Rules don’t empower any entity to lease, grant or alienate land designated for amenities or streets. Consequently, leasing of this land is baseless. Furthermore, defendant school and DRCS failed to submit evidence to support their claims”.

Published in Dawn, November 23th, 2024