Case Details

Citation(s)
2022 SLG 38 2022 SLD 38 2022 SCMR 105
Supreme Court of Pakistan
CONST. PETITION NO. 9 OF 2010, [Niamatullah Khan Advocate v. Federation of Pakistan and others] AND CRIMINAL ORIG. PETITION NO. 7-K OF 2017
GULZAR AHMED, C.J., IJAZ UL AHSAN AND QAZI MUHAMMAD AMIN AHMED, JJ
Khalid Javed Khan, Attorney General for Pakistan and Kashif Sarwar Paracha, Additional AGP for the Federation. Salman Talib ud Din, Advocate General, Sindh, Sibtain Mehmood, Additional A.G. Sindh, Naveed Ahmed Sheikh, Commissioner Karachi, Dr. Saeed Ahme

NIAMATULLAH KHAN ADVOCATE and others/--Appellants

VS

FEDERATION OF PAKISTAN and others

Law: Constitution of Pakistan, 1973

Section: 184(3)

Constitution of Pakistan--- ----Art. 184(3)---Matters relating to encroachments over Gujjar Nallah and Orangi Nallah (rain water drainage streams); issue of lack of availability of parking for Advocates and litigants appearing before the Sindh High Court; illegal allotment of plots on land retrieved from the sea near Boat Basin; removal of encroachments from Kidney Hill park; clearing all buildings and building material from KMC playground situated at Kashmir Road; illegal conversion of Aladdin Water Park into Pavilion Club and shopping center; encroachment and construction on amenity plots; illegal sale of land belong to Pakistan Railways to private developers; poor condition of railway tracks from Khanpur to Kotri and from Sukkur Division to Karachi making them unserviceable and dangerous for the operation of Railways; lack of water supply for residents of Karachi city and its citizens left at the mercy of water tankers mafia---Supreme Court gave directions to relevant functionaries, vacated certain interim injunctions granted by fora below and sought reports from concerned authorities/functionaries to be made available on next date of hearing, to address the issues highlighted. ORDER GULZAR AHMED, C.J.--- CMAs. Nos. 441-K and 549-K of 2021: We have heard the learned counsel for the parties. For reasons to be recorded separately C.M.No.549-K of 2021 is dismissed. 2. All interim stay/injunction and status quo orders passed by the Anti-Encroachment Tribunal, Karachi in suits filed before it, respecting Gujjar Nala and Orangi Nala are hereby vacated/recalled and the very suits in which such orders have been `passed, stand disposed of. The Government of Sindh, NDMA and the Administrator, KMC shall ensure that all lands of both the Nalas and right of way are cleared and the occupants of the land are suitably compensated and rehabilitated. Adjourned for 16.06.2021. C.M.A. No. 627-K of 2020: 3. None present. Dismissed for non-prosecution. C.M.A. No. 671-K of 2020: 4. We have heard the applicant, in person, who is unable to satisfy us as to what right he has to make the application. Dismissed. C.M.A. No.672-K of 2020: 5. Heard the applicant. No ground to maintain the…
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