NIAMATULLAH KHAN ADVOCATE vs FEDERATION OF PAKISTAN art — 2022 SCMR 133 SUPREME-COURT

Case information

Citation: 2022 SCMR 133 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2022
Reporter: SCMR
Parties: NIAMATULLAH KHAN ADVOCATE vs FEDERATION OF PAKISTAN art
Subject matter: Civil

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

NIAMATULLAH KHAN ADVOCATE VS FEDERATION OF PAKISTAN art. 184(3)---Matter regarding encroachment over Gujjar Nallah, Orangi Nallah and Mehmoodabad Nallah (rain water drainage streams)---Stay orders/interim injunctions against demolition of such encroachments issued by the High Court on the ground that the occupants had obtained leases over the land---Held, that the Supreme Court in its previous orders had already given directions for all encroachments in and around all the Nallahs of the city (Karachi) to be removed, and the purported leases were found to be not in accordance with law, in that, nothing was shown as to how the plots of land came to be leased out by the purported authorities---In any case the lands of all the Nallahs in the city including Gujjar Nallah, Orangi Nallah and Mehmoodabad Nallah were meant for the purpose of Nallahs only and not for construction of houses, commercial buildings or for industrial use---Encroachments and all sort of constructions made on the Nallahs had to be removed so that the flow of Nallahs could be made possible without any hindrance and the city could be saved from being submerged or flooded during storms and heavy rains---Supreme Court issued notices to all the petitioners and plaintiffs of the petitions and suits who had obtained stay orders/interim injunctions from the High Court, and directed that in the meantime all interim orders passed by the High Court in respect of construction on the lands of Gujjar Nallah, Orangi Nallah and Mehmoodabad Nallah stood suspended.

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