‘KMC transfers portion of private society’s land to a private party’

Author: Aslam Shah

Karachi Metropolitan Corporation (KMC) has set aside procedural steps and allotted 15 percent of 5 acre land owned by a private society to a private party, disclosed officials of KMC land department.

Reportedly, KMC did not charge any sort of prescribed fee and ignored the entity’s by-laws in order to conduct a survey, carry out demarcation, formulate a site plan and issue a no-objection certificate (NoC) for sale of the land. The officials maintained that KMC lost out on revenue worth millions and went out of its way to grant land bifurcation documents to the said private party.

The land in question was allotted to Ismailia Garden Co-operative Housing Society Limited (IGCHS) by KMC on February 21, 1951.

In 2018, IGCHS honorary secretary Raza Hussain bandeali wrote a letter requesting KMC Land Department director to bifurcate the land of the society in light of the orders issued by the court. KMC allotted 15 percent of the land to a private beneficiary by issuing a NoC. The authority also allegedly requested the beneficiary to wait for the completion of procedural formalities including the issuance of a mutation letter and a fresh extract.

Back in 2002, a land dispute erupted between the vendor and Mrs Shah Sultan, Mrs Laila, Aziz and Miss Saleema, who claimed that they were legal heirs of late Abdul Ali Dehlwala and Mrs Shah Sultan was the original allottee of the land. Later, they filed a civil suit no 39/2002 against vendor for specific performance through their attorney Amir Ali in Sindh High Court (SHC).

However, after reconciliation between parties on June 4, 2003, SHC was approached and prayed to announce a decree in this suit. On June 6, 2003 SHC announced its decree in favour of Abdul Majeed Adiha, a resident of Clifton. IGCHS was ordered to bifurcate the land.

Compromise deed of 15 percent land measuring 3,630 square yards privately dividing portion B out of plot no 18, survey sheet no 18, K-28-C Trans Lyari Quarters Nishtar Basti near old Sabzi Mandi and Askari Park on University Road thereby was awarded a no objection certificate (NoC) for sale.

Meanwhile, KMC Land Department director Sheikh Kamal said that the department would claim fee and reclaim other charges after the land is sold by its owner.

Published in Daily Times, December 2nd 2018.

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