Law:

Section:

Sindh Katchi Abadis Act (II of 1987)---------S. 19(4)---Constitution of Pakistan (1973), Arts.4, 24 & 199--­Constitutional petition---Encroachment on Government land---Petitioners who claimed to be inhabitants of various pieces of land situated in the area had constructed Katcha and Pacca houses there---Petitioners having apprehended demolition of their properties in violation of provisions of Arts.4 & 24 of Constitution of Pakistan had prayed that proposed action of Authority to demolish their properties be declared without lawful authority and of no legal effect---Case of petitioners was not covered under Sindh Katchi Abadis Act, 1987, but they were encroachers who had raised construction on Government land without any right, title or ownership---Constructions raised by petitioners were in violation of Rules and Laws and 'without approval of construction plan from the Competent Authority---Petitioners who had not been able to establish any legal right or title in the property in question and being encroachers had already enjoyed undue benefit of their illegal and unauthorized possession---Said property was being taken over not for benefit any individual, but was being taken for construction of a very important and useful bridge for public purpose by Authority concerned---Constitutional petition meriting no consideration was dismissed. Fazle Ghani Khan for Petitioner No. 1. Raja Qureshi, A.-G., Sindh. Manzoor Ahmed for Respondents Nos.2, 4,6 and 7. S. Jamil Ahmad for Respondent No.8. Dates of hearing: 20th March; 16th April; 18th June; 13th, 20th and 23rd August, 2002. JUDGMENT S. ALI ASLAM JAFRI, J.-----The petitioners who are 347 in number claim to be inhabitants of various pieces of land situated in between Meva Shah Bridge and Dhobi Ghat Bridge commonly known as Niazi Colony where they have constructed Katcha and Pacca houses and living with their families and children for last about 55 years. According to the petitioners the said Niazi Colony is recognized by all Government A Authorities/Agencies and all relevant facilities like electricity, gas and telephone have been provided to the inhabitants. Though it was surveyed in the year 1968 by the…

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