Mst. SHAHNAZ vs IQBAL HUSSAIN Ss — 2022 CLC 556 KARACHI-HIGH-COURT-SINDH

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Mst. SHAHNAZ VS IQBAL HUSSAIN Ss.2(0),3, 11, 13 & 14---Public property---Encroachment---Anti-Encroachment Tribunal ordered the occupation of the petitioner to be removed and directed the concerned official to demolish/remove the illegal construction on public property---Petitioner claimed entitlement on account that he was paying rent to the concerned Municipal Committee in the name of Pacca Piri; that he acquired electricity in the year 2000; that impugned order was non-speaking without jurisdiction; that petitioner being a grantee since 1965-66 through their predecessor paying the rent was not liable to be disturbed; that there was no complaint of encroachment by competent authority; that only government servant was empowered under S.3 of Sindh Public Property (Removal of Encroachment) Act, 2010---Question as to jurisdiction available to the tribunal open to be exercised by a private person under the Act, 2010---Validity---Management of the public property was duty of the concerned officials---Petitioner had approached the concerned officials, however, on failure of their action to the satisfaction of the petitioner the tribunal was approached after the approach to High Court by way of constitutional petition---Order passed by High Court did not confer jurisdiction on the tribunal---Tribunal itself was having jurisdiction on account of any failure present on part of the officials of government---Approaching to the tribunal by a private person was nowhere specifically barred/restricted in Sindh Public Property (Removal of Encroachment) Act, 2010---Duty casted upon by the government officials required them to exercise their powers as provided under Ss. 3 and 4 of the Act, 2010 and where such exercise is not indulged into by the officials respondents, the private person was not deprived to approach the subject tribunal under the said Act and it was for the tribunal to decide the dispute---Held, that tribunal under the Act, 2010, was empowered to decide the question of possession, its terms, variation thereof; and the availability of occupation which the government servant was required to manage---Constitutional petition was dismissed accordingly.

Mst. SHAHNAZ vs IQBAL HUSSAIN Ss — 2022 CLC 556 KARACHI-HIGH-COURT-SINDH

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