Law: Sindh Katchi Abadi Act, 1987

Section: 19(4)

Law: Sindh Katchi Abadi Act, 1987

Section: 19(4)

Sindh Katchi Abadi Act (II of 1987)-------S. 19(4)---Constitution of Pakistan (1973), Art.199---Constitutional petition---Encroachment on plot---Petitioner had impugned the encroachment on his plot on the ground that Katcha/Pacca shops had been raised and/or constructed by unauthorized occupants on the road, which originally was of 40 feet wide, but had been reduced from 40 feet to 20 feet---Conduct of officers of department was most deplorable in that respect as it was officers of the department who allowed such encroachment upon the road; and once the entire road was encroached, said officers declared it as Katchi Abadi and had also issued leases to some of the encroachers and no action had been taken against said officers---Validity---Held, roads, if encroached upon by the unauthorized occupants, could not be declared as Katchi Abadi by abusing the authority under the Sindh Katchi Abadi Act, 1987 as section 19(4) of said Act had clearly restricted such powers of the public authority---Officers, who were responsible for allowing the encroachments and declaring the road as Katchi Abadi and subsequently allowing to lease them had to be subjected to departmental proceedings. Raza Hashmi, Hassan Sabir and Muhammad Ikram Siddiqui for Petitioner. Manzoor Ahmed, E.D.O. (Law), along with Abdul Malik District Officer (Enforcement), Muhammad Nasir, Additional, D.O. (AEC), K.D.A. Wing, Majid Siddique, D.D.O. (AEC), K.D.A. Wing, Syed Nishat Ali, Additional D.O. (N.K.T.), MPGO, C.D.G.K., Muhammad Sarwar Khan, Addl. A.-G. Sindh and Ahmed Ali Pirzada, Assist. A.-G. Sindh. Dilawar Hussain for K.B.C.A. Muhammad Shafiq Qureshi for private Respondents. Muhammad Jamil for Respondent No.3. ORDER In these proceedings the petitioner has impugned the encroachment on the northern side of his plot in Block 22, Federal `B' Industrial Area, Karachi, inter alia, on the ground that the Katcha/Pacca shops have been raised and/or constructed by unauthorized occupants on the road, which originally was of 40 feet wide. According to the petitioner, the road as of today has been reduced from 40 feet to 20 feet. Due to the encroachment the original plan, which has been placed before us by Abdul…

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