SUPREME COURT OF PAKISTAN 
(Original Jurisdiction) 
 
PRESENT: 
 
 
 
Mr. Justice Gulzar Ahmed, CJ 
 
 
 
Mr. Justice Ijaz ul Ahsan 
 
 
 
Mr. Justice Qazi Muhammad Amin Ahmed 
 
 
 
 
 
 
 
 
 
 
CONST. PETITION NO.9 OF 2010 
 
[Niamatullah Khan Advocate Vs. Federation of Pakistan, etc.] 
 
 
AND 
 
CRIMINAL ORIG. PETITION NO.7-K OF 2017 
 
[Mst. Sahiba Parveen Vs. Syed Nasir Abbas, Director General, KDA 
and others (Matter pertaining to allotment of alternate plot)] 
 
AND 
 
CMA NO.6206 OF 2013 IN CONST. P. NO.9 OF 2010 
 
[Report of Additional Registrar of this Court] 
 
AND 
 
GUJJJAR NALLAH 
 
C.R.P.No.61-K of 2021 
[Shehri Citizen for a better Environment & others (Matter 
regarding encroachment over Gujjar Nallah & Orangi Nallah. Vs. 
Niamatullah Khan Advocate & others] 
 
AND 
 
CRIMINAL ORIGINAL PETITION NO.9-K OF 2021 
[Syeda Maria Raza Vs. Government of Sindh through Chief 
Secretary Sindh & others (matter regarding illegal encroachment 
over drainage river of Haji Limo Village at Gulshan-e-Iqbal)] 
 
AND 
CMA NO.441-K OF 2021 
[Niamatullah Khan Advocate Vs. Federation of Pakistan & others 
(regarding illegal Faiz Muhammad Vs. Province of Sindh through 
Chief Secretary and others (regarding illegal encroachment over 
drainage river of Haji Limo Village at Gulshan-e-Iqbal)] 
 
AND 
CMA No.819-K OF 2021 
Mrs. Almas Rizwan and others Vs. Federation of Pakistan and 
others (Matter pertainis to Gujjar Nallah) 
Const.P.No.9 of 2010 etc. 
2 
 
 
AND 
CMA No.850-K OF 2021 
[Khalil ur Rehman Vs. Federation of Pakistan & others (matter 
pertains to Gujjar Nallah)] 
 
AND 
NASLA TOWER 
C.R.P.NO.55-K OF 2021 
[Feroza and others Vs. Federation of Pakistan and others (Matter 
regarding Nasla Tower) 
 
AND 
C.R.P.NO.56-K OF 2021 
[Abdul Qadir Vs. Niamatullah Khan Advocate & others (matter 
pertains to Nasla Tower)] 
 
AND 
 
CIVIL AVIATION AUTHORITY 
 
CMA No.774-K OF 2021 
 
[Civil Aviation Authority Vs. Federation of Pakistan & others 
(matter regarding Land allotted to CDA in 1990)] 
 
AND 
 
AMENITY PLOT USED FOR MARRIAGE HALLS 
 
CMA No.522-K OF 2020 IN CONST. P. No.9 OF 2010 
 
[Waleed Ahmed & others Vs. Federation of Pakistan & others (Plot 
No.SNPA-21-D & SNPA-23, both are public amenities plots and 
meant for “Park” and the same are used for marriage/commercial 
activities)] 
 
AND 
 
ZIA UDDIN HOSPITAL 
 
CRL.M.A. No.59-K OF 2018 
 
[Application for Intervener filed by Mr. Ghulam Rasool Mangi, AOR 
on behalf of applicant namely, Shah Mohammad (against 
encroachment made around Ziauddin Hospital, Clifton Karachi by 
its management and false cases registered against applicant)] 
 
AND 
 
ENFORCEMENT IN JACOBABAD OF AMENITIES 
 
CMA NO.NO.941-K OF 2020 
Const.P.No.9 of 2010 etc. 
3 
 
[Niamatullah Khan Advocate Vs. Federation of Pakistan and others 
(regarding encroachment in Jacobabad at various government 
lands i.e. amenities, parks etc. By influential persons)]   
 
AND 
CMA No.775-K OF 2021 
 
[Muhammad Akram Abro Vs. Federation of Pakistan & others 
(Applicant has prayed for the correction of order dated 16.06.2021 
whereby he has requested to read name hotel mairaj instead of 
Hotel Hermain)] 
 
AND 
 
ALADIN PARK 
 
CMA NO.698-K OF 2021 
 
[M/s A.A. Joy Land (Pvt.) Ltd. Vs. Federation of Pakistan & others 
(matter pertains to Aladin Park)] 
 
AND 
 
CMA No.1000-K OF 2021 
 
[Niamatullah Khan & others. Vs. Federation of Pakistan & others 
(matter regarding Aladin Park)]  
 
AND 
 
PARKING ISSUES OF HIGH COURT OF SINDH AND FUTURE 
EXTENTION OF HIGH COURT OF SINDH 
 
CMA No.74-K OF 2020 IN CONST. P. No.9 OF 2010 
 
[Application for intervener filed on behalf of Sindh High Court Bar 
Association through its Honourary Secretary (regarding parking 
space at High Court of Sindh)]   
 
AND 
COMM-3 
CMA NO.86-K OF 2020 IN CONST.P.NO.9 OF 2010 
 
[M/s Ishaq Enterprises Vs. Federation of Pakistan & others 
(concise statement with regard to allotment of COMM-3)]   
 
AND 
 
CMA No.711-K OF 2020 
[M/s Ishaq Enterprises Vs. Federation of Pakistan & others (objection 
filed on CMA no.86-K of 2020)]   
 
Const.P.No.9 of 2010 etc. 
4 
 
AND 
 
YMCA GROUND 
 
CRP NO.57-K OF 2021 
[Asian Pacific Alliance of YMCAs Vs. Federation of Pakistan & others 
(matter pertains to YMCA Ground)]   
 
AND 
 
KIDNEY HILL LAND 
 
CRL.ORG.P.NO.8-K OF 2021 
 
[Abu Turab Vs. Syed Mumtaz Ali Shah & others (matter regarding 
Kidney Hill Land) 
 
AND 
CMA NO.391-K OF 2020 IN CONST.P.NO.9 OF 2010  
 
[Abu Turab Vs. Federation of Pakistan & others (regarding illegal 
constructions inside of Kidney Hill Land situated at Faran Society, 
Barrister Ahmed Road near Dhooraji Colony, Karachi)] 
 
AND 
 
CMA NO.714-K OF 2020 IN CONST.P.NO.9 OF 2010 
 
[Niamatullah Khan Vs. Federation of Pakistan & others (mater 
regarding Al-Fatah Masjid Admeasuring 1400 Sq. Yards at Kidney 
Hill Ahmed Ali Park, Faran Society, Karachi)] 
 
AND 
 
CMA NO.424-K of 2021 
 
[Mr. Ibrahim Younus & others. Vs. Federation of Pakistan & others 
(Kidney Hill Park Land)] 
 
AND  
 
CMA NO.437-K OF 2021 
 
[Niamatullah Khan Vs. Federation of Pakistan & others (matter 
regarding various plots at Overseas Cooperative Housing Society 
lies adjacent to Kidney Hill Park)] 
 
AND 
CMA NO.438-K OF 2021 
 
[Niamatullah Khan Advocate Vs. Federation of Pakistan & others 
(matter regarding various plots at Overseas Cooperative Housing 
Society lies adjacent to Kidney Hill Park)] 
 
AND 
Const.P.No.9 of 2010 etc. 
5 
 
 
CMA NO.515-K OF 2021 
 
[Abrar Hassan Vs. Federation of Pakistan & others (matter 
pertains to Kidney Hill Park)] 
 
AND 
 
HILL PARK LAND 
 
 
CRL.ORG.P.NO.13-K OF 2021 
 
[Mrs. Gul Nilofer & another Vs. Major (R) Naveed Ahmed Khan & 
others] 
 
AND 
 
KDA OFFICERS CLUB 
 
CRL.MA NO.229-K OF 2018 IN CRL.ORG.P.NO.7-K OF 2017 
 
[Application for intervener filed by Mr. Ghulam Qadir Jatoi, AOR 
on behalf of KDA Officer Club (Against illegal and unconstitutional 
partial demolition on the premises of the applicant at Plot No.ST-6, 
Of Kashmir Road, Karachi)] 
 
AND 
 
KARACHI CIRCULAR RAILWAY 
 
CMA NO.621-K OF 2021 
 
[Niamatullah Khan Advocate Vs. Federation of Pakistan & others. 
(report regarding KCR, in compliance of order dated 08.04.2021 
filed by D.G. FWO)] 
 
AND 
 
CMA NO.167-K OF 2020 
 
[Application for intervener filed by Syed Muhammad Iqbal Kazmi. 
(the matter regarding KCR project and demolishing of illegal 
construction in Karachi)] 
 
AND 
 
CMA NO.367-K OF 2020 IN CONST.P.NO.9 OF 2010  
 
 
[Shamim Ahmed Siddiqui Vs. Federation of Pakistan & others 
(regarding encroachment over railway land/Safari Park)] 
 
AND 
 
CMA NO.177-K OF 2020 
 
Const.P.No.9 of 2010 etc. 
6 
 
[Application for intervener filed by Farhad Younus Memon. (The 
matter regarding 650 constructed Houses in Project No.7 
(PRECHS) near Gillani Station Gulshan-e-Iqbal, Karachi] 
 
AND 
 
CMA NO.898-K OF 2020 
 
[Pakistan Railways through Divisional Superintendent. Vs. 
Federation of Pakistan & others (matter regarding encroachment 
over Pakistan Railway Land & Revival of KCR)] 
 
AND 
 
CMA NO.445-K OF 2021 
 
[Nabiha Qureshi Vs. Federation of Pakistan & others (matter 
regarding encroachment over Pakistan Railway Land & revival of 
KCR)] 
 
AND 
 
CMA NO.446-K OF 2021 
 
[M/s Karachi Town Builders & Developers. Vs. Federation of 
Pakistan & others (matter regarding encroachment over Pakistan 
Railway Land & revival of KCR)] 
 
AND 
 
TEJORI HEIGHTS/TOWER ON RAILWAY’S LAND  
 
CRP NO.15-K OF 2021 IN CMA NO.906-K OF 2020 IN CONST.P.NO.9 
OF 2010 
 
 
[Naeemuddin Vs. Pakistan Railway (matter regarding 
encroachment over Pakistan Railway Land & revival of KCR) (Tejori 
Heights/Tower)] 
 
AND 
 
CMA NO.277-K OF 2021 IN CRP NO.NIL-K OF 2021 IN CMA NO.898-
K OF 2020 IN CONST.P.NO.9 OF 2010 
 
[M/s Karachi Town Builders Vs. Pakistan Railways (matter 
regarding encroachment over Pakistan Railway Land & revival of 
KCR) (Tejori Heights/Tower)] 
 
AND 
 
CMA NO.278-K OF 2021 
 
[M/s Karachi Town Builders Vs. Pakistan Railways (matter 
regarding encroachment over Pakistan Railway Land & revival of 
KCR) (Tejori Heights/Tower)]  
Const.P.No.9 of 2010 etc. 
7 
 
 
AND 
 
RAILWAYS EMPLOYEES COOPERATIVE HOUSING SOCIETY 
 
CMA NO.541-K OF 2020 
 
[Muhammad Ahmed Khan & others. Vs. Federation of Pakistan & 
others (matter regarding Pakistan Railway Employees Cooperative 
Housing Society))]  
 
AND 
CMA NO.630-K OF 2020 
 
[Pakistan Railway Employees Cooperative Housing Society Limited 
Vs. Federation of Pakistan & others (the matter pertains to 
encroachment over Railway Land on account of Railway 
Cooperative Housing Society)] 
 
AND 
 
ROYAL PARK 
 
CM APPEAL NO.37 OF 2021 IN CRP NO.7-K OF 2020 IN CMA 
NO.690-K OF 2019 IN CONST.P.NO.9 OF 2010 
 
[M/s Quality Builders Vs. Federation of Pakistan & others (for 
grant of time to remove and take away the materials from 
building)] 
 
AND 
 
NON-SUPPLY OF WATER  
 
CMA NO.770-K OF 2020  
 
[Matter regarding non-supply of water through already decided 
water lines in DHA, Karachi] 
 
AND 
 
HIGH RISE BUILDING ON AMENITY PLOTS OR OTHERWISE (MULTI 
STOREIES BUILDING 
 
CRL.M.A.NO.52-K OF 2018 
 
[Application for Intervener filed by Muhammad Asif Shafi against 
seeking direction for demolition of illegal construction on plot 
No.70-A, Sindh Muslim Cooperative Housing Society, Karachi 
(Multi-Storey Building)] 
 
AND 
 
CMA NO.631-K OF 2019 IN CONST.P.NO.9 OF 2010 
 
[Application for intervener filed by Mrs.Nelofar Abbasey Vs. (illegal 
Const.P.No.9 of 2010 etc. 
8 
 
construction is carried out by King Builders over Private 
Park/Amenity Plot] 
 
AND 
 
CMA NO.78-K OF 2020  
 
[Application for intervener filed on behalf of Muhammad Talha and 
Mansoor Sharif Hamid Vs. (regarding high rise building on 
amenity plot)] 
 
AND 
 
KING COTTAGE/BAGH-E-QAMAR 
 
CMA NO.523-K OF 2020 IN CONST.P.NO.9 OF 2010 
 
[Muhammad Waseem Samoo Vs. Federation of Pakistan & others 
(matter regarding King Cottage/Bagh-e-Qamar situated at Scheme 
No.36, Gulshan-e-Johar, Karachi)] 
 
AND 
 
HYATT REGENCY HOTEL 
 
CMA NO.83-K OF 2020 IN CONST.P.NO.9 OF 2010 
 
[Application for intervener filed on behalf of Pakistan Mercantile 
Exchange Ltd. And NCEL Building Management Ltd. Vs. (regarding 
Hyatt Regency Hotel)] 
 
AND 
 
KARACHI GYMKHANA 
 
CMA NO.512-K OF 2020 IN CONST.P.NO.9 OF 2010 
 
[Application for intervener filed by Mst.Yasmeen Lari (regarding 
Karachi Gymkhana)]  
 
AND 
 
PARSA CITY (ILLEGAL CONSTRUCTION OF 18 FLOOR BUILDING 
 
CMA NO.594-K OF 2020 IN CONST.P.NO.9 OF 2010 
 
[M/s Madrasa Tahfeezul Quraan Al Karim Vs. Federation of 
Pakistan & others (matter regarding illegally constructed 18 floor 
building in a very sensitive area near Police Head Quarter at 
Garden Area)] 
 
AND 
 
HYPER STYAR (RESIDENTIAL INTO COMMERCIAL LOCALS) 
 
CMA NO.617-K OF 2019 IN CONST.P.NO.9 OF 2010 
 
Const.P.No.9 of 2010 etc. 
9 
 
[Application for intervener filed by Venu G. Advani Vs. (Against 
illegal conversion of plot from residential into commercial locals at 
Block 4, Scheme-5, Clifton Karachi)] 
 
AND 
P & T COLONY  
 
CMA NO.889-K OF 2019 IN CONST.P.NO.9 OF 2010 
 
[Application for intervener filed on behalf of Pakistan Post through 
Postmaster General, Karachi Vs. (regarding ownership of P & T 
Colony also declared as Katchi Abadi)]  
 
AND 
 
K-ELECTRIC (CONNECTED WITH HRC NO.20883/2018, PENDING AT 
PRINCIPAL SEAT, ISLAMABAD  
 
CRP NO.28-K OF 2020 IN CONST.P.NO.9 OF 2010 
 
[K-Electric Limited Vs. Federation of Pakistan & others. (matter 
regarding fatal incidents resulting from electrocution in the service 
territory of K-Electric)]  
 
AND 
 
SMALL BUSINESS RUNNING I.E. SUGARCANE CRUSHING MACHINE 
AT FOOTPATHS/ROAD ETC. 
 
CMA NO.940-K OF 2020 
 
[Muhammad Yousaf Vs. Federation f Pakistan & others (regarding 
Sugarcane Crushing Machine situated at Hasrat Mohani Road, 
near Cafe Victory, Karachi)]   
 
AND 
 
CHINA CUTTING OF AMENITY PLOTS 
 
CRL. M.A.121-K OF 2017 IN CRL.ORG.P.NO.7-K OF 2017 
 
[Application for intervener filed by Muhammad Essa Vs. (60 Feets 
land reserved for Bus Stop divided into 80 Sq. Yd. Plots-China 
Cutting Plot)] 
 
AND 
 
CRL.MA NO.38-K OF 2018 IN CRL.ORG.P.NO.7-K OF 2017 
 
[Application for intervener filed by applicant namely, Akbar 
Hussain Vs. (against China Cutting of plots by manipulated 
documents of Plot No.R-160/4 & R-160/5, Sector 11, North 
Karachi. Fabricated against master plan, as these are amenity 
plots for Bus Stop/Car Parking/Green Belt etc.)] 
 
AND 
Const.P.No.9 of 2010 etc. 
10 
 
CMA NO.423-K OF 2019 IN CONST.P.NO.9 OF 2010 
 
[Application for intervener filed by Porf. Dr. Muhammad Shahid 
Hussain Vs. (encroachment over public road in between St.6 to 
St.8, Gulshan-e-Iqbal, Block 4, KDA, Scheme-24, Karachi)] 
 
AND 
ENCROACHMENT OVER GREEN BELT (SHARAH-E-QUAIDEEN) 
 
CMA NO.179-K OF 2020 
 
[Application for intervener filed on behalf of Rashid Ali Vs. (against 
demolishing/sealing order of Friends Petrol Pump (Shell) on plot 
No.PP-1, Survey No.35, Pakistan Employees Cooperative Housing 
Society, Shahrah-e-Quaideen, Karachi)]  
 
AND 
CONVERSION OF PLOTS FROM RESIDENTIAL INTO COMMERCIAL 
C.P.NO.422-K OF 2020 
 
[Mst. Zahida Naz Vs. Province of Sindh & others (petitioners have 
challenged the purported commercialization of the residential Plot 
No.A/216, Block C, Unit No.2, Latifabad, Hyderabad and its 
amalgamation with an amenity plot)] 
 
AND 
CMA NO.767-K OF 2020 IN CONST.P.NO.9 OF 2010 
 
[Syed Masood Ahmed & others Vs. Federation of Pakistan & others 
(Defence Officers Housing Authority has been and its illegally 
converting various plots to used other than its original use)] 
 
AND 
CP NO.92-K OF 2010 
[Karachi Chamber of Commerce and Industry Vs. Karachi 
Metropolitan Corporation and others (Coversion of residential land 
into commercial i.e. Plot No.79, Survey Street No.C-F 1-5, Old 
Clifton, KDA Scheme-5, Karachi] 
 
AND  
 
CP No.93-K OF 2010 
 
[Karachi Chamber of Commerce and Industry Vs. Karachi Metropolitan 
Corporation and others (Coversion of residential land into commercial i.e. 
Plot No.79, Survey Street No.C-F 1-5, Old Clifton, KDA Scheme-5, 
Karachi] 
 
AND 
VACATION OF 35,000 AMENITY PLOTS AT 112 SITES OF KDA 
SCHEME/TOWNSHIPS 
 
Const.P.No.9 of 2010 etc. 
11 
 
CRL.ORG.P.NO.19-K OF 2017 IN CRL.ORG.P.NO.7 OF 2017 
 
 
[Ghulam Muhiyuddin Vs. Province of Sindh through Secretary 
Local Governmnet and others (matter pertains to 35,000 plots at 
112 sites of KDA Schemes/Townships will be got vacated and 
recovered and put to use for which they were originally meant in 
master plan)]  
 
AND 
CRL.MA NO.124-K OF 2017 IN CRL.ORG.P.NO.7-K OF 2017 
 
[Application for intervener filed by Muhammad Ismail Shaheedi Vs. 
(regarding lands illegally occupied by land grabbers in Karachi)]  
 
AND 
CRL. MA NO.132-K OF 2017 IN CRL.ORG.P.NO.7-K OF 2017 
 
[Application for intervener filed by AOR for the applicant Anjuman-
e-Kalayna Vs. (Amenity plot allotted for Kalayana Community 
Centre at North Karachi as illegally demolished by respondent)]  
 
AND 
CRL.MA NO.111-K OF 2018 IN CRL.MA NO.132-K OF 2017 IN 
CRL.ORG.P.NO.7-K OF 2017 
 
 
[Application for withdrawal filed by in person namely Anjuman-e-
Kalayana through its President)] 
 
AND 
CRL.MA NO.243-K OF 2018 IN CRL.MA NO.8-K OF 2018 IN 
CRL.ORG.P.NO.7-K OF 2017 
 
[Application for withdrawal filed by in person, namely, Anjuman-e-
Sadat-e-Amroha through its President] 
 
AND 
CRL.MA NO.8-K OF 2018 IN CRL.ORG.P.NO.7-K OF 2017 
 
[Application for intervener filed on behalf of Anjuman Sadat-e-
Amroha Vs. (for restraining from demolishing further construction 
on the applicant plot which was allotted by KDA to Anjuman on 
06.08.1974)] 
 
AND 
CRL.MA NO.19-K OF 2018 IN CRL.ORG.P.NO.7-K OF 2017 
 
[Application for intervener filed by Mr. A.S.K. Ghori, AOR on behalf 
of applicant namely, Muhammad Jaffar Vs. (for removal of 
encroachment and unauthorized illegal construction around 
Const.P.No.9 of 2010 etc. 
12 
 
Saddar and Katrak Road Karachi and has also requested that 
order dated 29.11.2017 be enlarged and stretch to encompass the 
Cantonment Area)] 
 
AND 
CRL. MA NO.20-K OF 2018 IN CRL.ORG.P.NO.7-K OF 2017 
 
[Application for intervener filed by Muhammad Raees Vs. 
(regarding encroachment on applicant’s plot by construction 
boundary wall thereon by Mr. Hussain Rajpar, Land Grabber)] 
 
AND 
CRL.MA NO.72-K OF 2018 IN CRL.ORG.P.NO.7-K OF 2017 
[Application for intervener filed by Mr. Mazhar Ali B.Chohan, AOR 
on behalf of Anjuman-e-Musalman-e-Kalayana Vs. (seeking 
direction to restrain KDA & SBCA not to demolish Girls College, 
Girls School, Coaching Centre and Medical Centre established on 
amenity plot)] 
 
AND 
ENCROACHMENT OVER AMENITY PLOTS 
CMA NO.59-K OF 2019 IN CONST.P.NO.9 OF 2010 
 
[Application  for intervener filed by Syed Arif Shah Vs. 
(encroachment on amenity plot allotted at Orangi for establishing 
Muslim Missionary College & Allied Institutions)]  
 
AND 
CMA NO.349-K OF 2019  
 
[Application for intervener filed on behalf of Public Interest Law 
Association of Pakistan Vs. (for seeking direction of this Court to 
have Amenity Plots of Karachi developed with parks and 
playground with the coordination of the relevant authorities)] 
 
AND 
 
CMA NO.875-K OF 2019 IN CONST.P.NO.9 OF 2010 
 
[Application for intervener filed by Muhammad Saleem Qureshi Vs. 
(regarding cancellation of false & fabricated lease granted on 
amenity plot at Bihar Colony, Layari)] 
 
AND 
CMA NO.933-K OF 2019 IN CONST.P.NO.9 OF 2010 
 
[Application for intervener filed by Mrs.Mahamadi Vs.(regarding 
demolishing of all illegal construction and usage of public property 
on main Korangi service road)] 
 
AND 
Const.P.No.9 of 2010 etc. 
13 
 
CM APPEAL NO.139 OF 2020 IN CMA NO.NIL OF 2020 IN CMA 
NO.933-K OF 2019 IN CONST.P.NO.9 OF 2010 
(Samira Mahamadi Vs. The Registrar, Supreme Court of Pakistan 
(for correction of order dated 13.08.2020)]  
 
AND 
CMA NO.202-K OF 2020 IN CONST.P.NO.9 OF 2010 
[Application for intervener filed on behalf of AVA Ardeshir 
Cowasjee Vs. (regarding allotment of Plot No.9B, GKI, Ghulam 
Hussain Kasim Quarters Karachi)] 
 
AND 
CMA NO.281-K OF 2020 IN CONST.P.NO.9 OF 2010 
[Application for intervener filed on behalf of the Karachi Goan 
Association Vs. (regarding allotment of that Plot No.J.M.I/79. 
Jamshed Quarters, M.A. Jinnah Road, Karachi)] 
 
AND 
 
CRL.MA NO.32-K OF 2018 IN CRLORG.P.NO.7-K OF 2017 
 
[Application for intervener filed by Mr. Ghulam Qadir Jatoi, AOR 
Vs. (for issuance of allotment order and lease deed in favour of 
applicant)] 
 
AND 
CRL. MA NO.1-K OF 2019 IN CRL. ORG. P. NO.7-K OF 2017 
[Application for intervener filed by Mr. Mazhar Ali B. Chohan, AOR 
on behalf of Moulana Muhammad Ali Johar Memorial Cooperative 
Housing Society (seeking direction for removal of encroachment 
from the plot of applicant society)] 
 
AND 
CRL. MA No.34-K/2020 IN CRL. ORG. P. NO.7-K OF 2017 
[Application for intervener filed by Mr. Ghulam Rasool Mangi, AOR 
on behalf of M/s Fatima Jinnah Dental College & Hospital Trust 
(matter pertains to non-profitable educational institution/trust on 
plot No.AM/1/B at Bhittai Colony “Amenity Plot”)] 
 
AND 
CMA No.761-K OF 2020 IN CONST. P. No.9 of 2010 
[Abdul Haq Abbasi Vs. Federation of Pakistan, etc. (matter 
regarding encroached overstate property situated at Sindh Muslim 
Society Karachi)] 
 
AND 
CMA No.808-K of 2020 IN CMA No.459-K of 2020 
 IN  
CONST. P. No.9 of 2010 
Const.P.No.9 of 2010 etc. 
14 
 
 
[Muhammad Ameer Shah Vs. Federation of Pakistan and others 
(encroachment over 2000 million road at North Karachi)] 
 
AND 
CM APPEAL NO.16 OF 2021 IN CONST.P.NO.9 OF 2010 
 
[Haji Abdul Razziq Khan Vs. Federation of Pakistan & others 
(regarding enforcement over Amenity Plot at PECHS)] 
 
AND 
CMA NO.782-K OF 2021 
[Malik Jameel Ali Vs. Federation of Pakistan & others (matter 
regarding Custom Preventive Service Cooperative Housing Society 
and removal of encroachment from green belt)] 
 
AND 
CP NO.599-K OF 2021  
[Mumtaz A. Qureshi Vs. The Province of Sindh & others (matter 
pertains to encroachment upon the gardens/parts, amenity plots 
playground and Footpath in the city of Nawabshah/Shaheed 
Benazirabad)] 
 
AND 
CMA NO.966-K OF 2021 IN CRP NO.NIL-K OF 2021 IN CONST.P.NO.9 
OF 2010 
 
[Azhar Ahsan Thanvi Vs. Federation of Pakistan & others. (matter 
regarding encroachment over Plot No.ST-14)] 
 
AND 
CMA NO.971-K OF 2021 IN CRP NO.NIL-K OF 2021 IN CONST.P.NO.9 
OF 2010 
 
[Muhammad Khan Parhar & others. Vs. Federation of Pakistan & 
others (matter regarding encroachment over Plot No.ST-14)] 
 
AND 
CRL.ORG.P NO.10-K OF 2021  
[Muhammad Irfan Vs. Federation of Pakistan & others (matter 
regarding encroachment over 51 Plots of Gulistan-e-Johar)] 
 
AND 
ILLEGAL ENCROACHMENT OVER PLOT OF INDIVIDUALS 
CRL.MA NO.71-K OF 2018 IN CRL.ORG.P.NO.7-K OF 2017 
[Application for intervener filed by Muhammad Hussain, in person 
(against encroachment by the land grabber on 51 Plots of the 
Const.P.No.9 of 2010 etc. 
15 
 
applicant at Sector 51-C, Korangi Township, Karachi)] 
 
AND 
CRL.MA NO.95-K OF 2018 IN CRL.ORG.P.NO.7-K OF 2017 
[Application for intervener filed by Imdad Hussain, applicant in 
person (against notice issued by the KDA for demolition/vacating 
of the house of applicant i.e, House No.318, Sector 6-B, Mehran 
Town, Korangi Industrial Area, Karachi)] 
 
AND 
CLR.MA NO.214-K OF 2018 IN CRL.ORG.P.NO.7-K OF 2017 
 
[Application for intervener filed by Salman Muhammad (for seeking 
directions to stop Anti-encroachment operation against the poor 
villagers Gulshan-e-Saiful Mance, Sector 8, Scheme 41, Surjani 
Town, Karachi)] 
 
      AND 
 
CRL.MA NO.2-K OF 2019 IN CRL.ORG.P NO.7-K OF 2017 
 
(Application for intervener filed BY Muhammad Farhan (against 
illegal demolition of the lawful construction on the plot owned by 
applicant, as it was offered by KDA illegally in compensation to 
Mst.Sabiha Parveen)]  
 
AND 
CMA NO.521-K OF 2019 IN CONST.P.NO.9 OF 2010 
[Application for intervener filed by Murtaza Ali (regarding illegal 
encroachment on Plots No.33 and 34, PR-II, Preedy Quarters, 
Karachi)] 
 
AND 
CMA NO.527-K OF 2019 IN CONST.P.NO.9 OF 2010 
 
[Application for intervener filed by Advocate Aqeel Hassan Khan 
(illegal construction of Masjid on Plot No.R-07, Longlife Bungalows 
Block-17, Gulistan-e-Johar)]  
 
AND 
CMA NO.162-K OF 2020  
[Application for intervener filed on behalf of Ms.Muneera Khatoon 
(against illegal encroachment over plots bearing Nos.46-F & 46-G, 
situated at Bihar Colony, Shah Abdul Latif Bhittai Road, Karachi)] 
 
AND 
CMA NO.193-K OF 2020 IN CONST.P.NO.9 OF 2010  
[Application for intervener filed by Khawaja Muhammad Asghar 
(regarding encroachment of Plots No.B-100 & B-113, Block-10, 
Gulistan-e-Johar, Karachi)] 
 
Const.P.No.9 of 2010 etc. 
16 
 
AND 
CMA NO.762-K OF 2020 IN CONST.P.NO.9 OF 2010 
[Syed Khurram Iqbal Vs. Federation of Pakistan & others (matter 
pertains to encroached land situated in Aligarh Muslim University 
Old Boys Cooperative Housing Society Ltd., Gulzar-e-Hijri Scheme 
No.33)] 
 
AND 
DISCRIMINATION/GRIEVANCE WITH REGARD TO ENCROACHMENT 
DRIVE  
CMA NO.425-K OF 2019 IN CONST.P.NO.9 OF 2010 
[Application for intervener filed on behalf of Muhammad Jibran 
Nasir and others. (matter regarding discrimination & grievances 
with regard to anti-encroachment operation in Karachi)] 
 
AND 
CRL.ORG.P.NO.5-K OF 2020 IN CONST.P.NO.9 OF 210 
[Mohammad Jibran Nasir & others. Vs. Mr. Habib ur Rehman 
Gillani & others (matter pertains to resettlement and rehabilitation 
plan for the affectees who have been disposed or dislocated due to 
the anti-encroachment drive)[  
 
AND 
CMA NO.809-K OF 2020 IN CMA NO.460-K OF 2019 IN 
CONST.AP.NO.9 OF 2010 
 
[Yousuf Masih Vs. Federation of Pakistan & others. (regarding 
grievances of people of Salman Brohi Goth as they apprehend to 
be disposed/vacated from the land in question)] 
 
AND 
ALLEGATIONS LEVELLED AGAISNT GOVERNMENT OFFICIALS 
CMA NO.82-K OF 2020 IN CONST.P.NO.9 OF 2010 
[Application for intervener filed by Syed Mehmood Akhtar Naqvi, 
(regarding corruption allegations against mentioned officials of 
SBCA and highlighted the illegal construction & encroachment in 
certain areas of Karachi)] 
 
AND 
CMA NO.336-K OF 2020 IN CONST.P.NO.9 OF 2010 
[Mr. Imran Ayub Khan Advocate Vs. Federation of Pakistan & 
others (issue regarding title documents the people living at Allah 
Bux Goth registered as Kachiabadi)] 
 
AND 
Const.P.No.9 of 2010 etc. 
17 
 
CRL. ORG.P.NO.1-K OF 2020 IN CONST.P NO.9 OF 2010 
[Syed Mehmood Akhtar Naqvi Vs. Qazi Shahid Pervaiz, Sr. Member Board 
of Revenue, Government of Sindh & others)] 
 
 
AND 
CMA NO.510-K of 2021  
[Muhammad Ashraf Samoo. Vs. Province of Sindh & others (applicant 
has pointed out various issues i.e, corruption, violation of fundamental 
rights etc.)] 
 
AND 
MISCELLANEOUS 
CMA NO.300-K OF 2020 IN CONST.P.NO.9 OF 2010  
[Niamatullah Khan Advocate Vs. Federation of Pakistan & others 
(statement of the amicus curiae from “Salahuddin Ahmed, ASC)] 
 
AND 
CMA NO.414-K OF 2020 IN CONST.P.NO.9 OF 2010  
[Niamatullah Khan Advocate Vs. The province of Sindh & another (for 
extension of time for compliance of orders)] 
 
AND 
REPORT NO.7-K OF 2021  
[Report filed on behalf of Chief Minister, Sindh through AOR in 
compliance of Court order dated 09.05.2019 Vs. Federation of Pakistan & 
others)] 
 
For the petitioners/ 
     
            Applicants 
 
 
 
 
 
 
 
: Mr. Faisal Siddiqui, ASC  
(in 
CRP.61-K/2011 
and 
CMAs.698-
K/2011, 
515-K/2021, 
630-K/2020, 
525-K/2019, 
Crl.MA.229-K/2018 
& 
Crl.OP.5-K/2019) 
 
Mr. Munir A. Malik, Sr. ASC a/w 
Mr. K.A. Wahab, AOR 
(in 
CRP.56-K/2021 
and 
CMA.541-
K/2020) 
 
Mr. Abid S. Zubari, ASC with 
Mr. K.A. Wahab, AOR 
(in CRP.55-K/2020 & CMAs.86-K/2020, 
277-K/2021, 
278-K/2021 
and 
28-
K/2020) 
 
Mr. Anwar Mansoor Khan, Sr. ASC  
Ms. Umaimah Anwar Khan, ASC 
Const.P.No.9 of 2010 etc. 
18 
 
(Crl.MA.59-K/2018, CMA.1003-K/2021, 
Crl.OP.13-K/2021 & Crl.MA.34-K/2020) 
 
Syed Ashikue Raza, ASC with 
Ms. Abida Parveen Channar, AOR 
(in CMA.367-K/2020) 
 
Mian Raza Rabbani, ASC with 
Ms. Abida Parveen Channar, AOR 
(in CRP.15-K/2021) 
 
Raja Qasit Nawaz, ASC with 
Mr. Abdul Qadir Khan, AOR 
(in CMAs.898-K/2020 and 83-K/2020) 
 
Khawaja Shamsh-ul-Islam, ASC 
(in CMA.714-K/2019, CPs.92-K and    
93-K/2020) 
 
Syed Abdul Waheed, ASC  
(in CMA.594-K/2020) 
 
Mr. Sanaullah Noor Ghouri, ASC 
(in CMAs.808-K/2020 and 809-K/2020) 
 
Mr. Muhammad Ashraf Samoo, ASC 
(in CMA.510-K/2021) 
 
Mr. Zakir Hussain Khaskhali, ASC 
(in Crl.MA.132-K/2017) 
 
Mr. Salahuddin Ahmed, ASC 
(in Crl.MA.59-K/2018) 
 
Mr. Badar Alam, Sr. ASC 
(in CMA.941-K/2020) 
 
Mr. Muhammad Sohail Hayat Khan,ASC 
(in Crl.MA.34-K/2020) 
 
Khawaja Naveed Ahmed, ASC 
(in CMA.782-K/2021) 
 
Mr. Saalim Saleem Ansari, ASC 
(in CMA.898-K/2020) 
 
Ms. Abida Parveen Channar, AOR 
(in 
CMA.391-K/2020 
and 
Crl.OP.8-
K/2021) 
 
Dr. Raana Khan, AOR 
(in CMAs.441-K/2021 and 527-K/2019) 
Mst. Sabiha Parveen  
(in Crl.OP.7-K/2017) 
Syeda Maria Raza 
(in Crl.OP.9-K/2021) 
Mrs. Amber Ali Bhai, Dr. Sadia Virk,  
(in Crl.MA.59-K/2018) 
Const.P.No.9 of 2010 etc. 
19 
 
Ms. Maliha Malik 
(in CMA.941-K/2020) 
Muhammad Akram Abro 
(in CMA.775-K/2021) 
Akbar Hussain 
(in Crl.MA.38-K/2018) 
Syed Arif Shah 
(in CMA.59-K/2019) 
Malik Jameel Ali 
(in CMA.782-K/2021) 
Muhammad Irfan 
(in Crl.OP.10-K/2021) 
Murtaza Ali 
(in CMA.521-K/2019) 
Ijaz Hussain Jakharani & 
Sajjad Hussain Jakharani 
(in CMA.941-K/2020) 
(all in person) 
 
On Court’s Notice 
 
 
For the Federation 
: Mr. Khalid Javed Khan, 
Attorney General for Pakistan 
Mr. Kashif Sarwar Paracha, Addl. AGP 
 
For Govt. of Sindh 
: Mr. Salman Talib ud Din,  
Advocate General, Sindh 
Mr. Sahulat Rizvi, Addl.A.G.Sindh 
Mr. Naveed Ahmed Sheikh,  
Commissioner Karachi 
G. Mohiuddin Asim, 
Addl. Secretary P&D 
Shariq Ahmed, Secretary Transport 
Asif Jan Siddiqui, DC East 
Dr. Saeed Ahmed Qureshi, 
Focal Person to Chief Secretary 
 
 
 
For F.W.O. 
: Brig. Waqar Abbasi, PD 
Brig. Muhammad Qasim, PD 
Abdul Basit Khan Tanoli, Legal Advisor 
 
 
 
For Pakistan Railways 
: Mr. Habib ur Rehman Gillani, 
Secretary Railways 
Nisar Ahmed Memon, Sr. GM 
Ameer Muhammad Daudpota, D.G. 
M. Hanif Gul, DS 
Rao Moinuddin ADLA 
 
SBCA 
: Syed Jameel Ahmed, ASC 
Dr. Raana Khan, AOR 
Muhammad Salim Raza, DG 
Abdul Waqar Memon, Sr. Director 
Muhammad Saleem Raza, 
Chief Controller 
 
KWSB 
: Assad Ullah Khan, M.D. 
 
 
 
NDMA 
: M. Idrees Mahsud, Member 
Akbar Bacha, Deputy Director 
Const.P.No.9 of 2010 etc. 
20 
 
 
 
 
Jacobabad 
Administration 
: Mr. Shafique Mehasar, Commissioner 
Dr. Hafeez Sial, DC 
Shumail Riaz, SSP 
Mazhar Hussain Alvi, AIGP 
 
 
 
WAPDA 
: Aamir Mughal, CE/PD, K-IV 
 
 
 
Traffic Police 
: Iqbal Dara, DIG 
Ghulam Navi, SSP (South) 
 
 
 
Provincial Assembly 
: Mr. Liaqat Ali, Law Officer 
 
 
 
High Court of Sindh 
: Mr. Karam Din Junejo, Nazir 
 
 
 
KMC 
: Mr. Umar Lakhani, ASC 
Murtaza Wahab, Administrator  
Azra Muqeem, Legal Advisor  
Afzal Zaidi, M/C 
Azhar Muqeem, Legal Advisor 
 
 
 
Cantonments 
: Adil Rafi, Director,  
Military Land & Cantonment, Karachi 
M. Saleem Hassan,  
CEO, Clifton Cantonment 
M. Farque,  
Military Estate Officer, Karachi 
Omer Masoom Wazir, CEO,  
Korangi Cantonment 
Barrister M. Omer Riaz, ASC  
on behalf of Cantonment Board 
Rana Khawar Iftikhar, CEO, Faisal 
Haider Ali Sial, CEO, Malir 
Qazi Rizwan Ahmed,  
CEO, Karachi, Cantonment 
Umar Mehboob, CEO  
 
 
 
Date of Hearing 
: 22.09.2021 
 
 
 
O R D E R 
 
 
 
GULZAR AHMED, CJ.- 
 
CRP.61-K of 2021: 
Notice to the Advocate General Sindh.  
Affectees of Nalahs: 
2. 
 
There is a big issue for the Government of Sindh so also 
the Government of Pakistan to rehabilitate the affectees of the 
Gujjar Nalah, Orangi Nalah and Mehmoodabad Nalah, in that, the 
Government of Sindh says that it has no funds altogether to 
Const.P.No.9 of 2010 etc. 
21 
 
provide for the rehabilitation of the affectees. The statement of the 
Advocate General Sindh on its face appears to be not reasonable 
rather such a statement ought not to have been made by the 
Advocate General Sindh before this Court rather the Sindh 
Government ought to have stated that as it had stated before this 
Court which is reflected in the previous orders of this Court, it will 
do everything to provide for the rehabilitation of the affectees of the 
above Nalahs. Funding for such rehabilitation is the responsibility 
of the Government of Sindh itself, in that, as a Government, it has 
to provide funding from its available resources and the Sindh 
Government cannot be obliviated of its responsibility. We, therefore, 
direct the Chief Minister, Government of Sindh to ensure that the 
affectees of the above Nalahs are rehabilitated by providing them all 
sorts of amenities, which are required in the present day living. The 
Chief Minister, Government of Sindh shall ensure that funding is 
arranged for this purpose and the affectees of the above Nalahs are 
rehabilitated in all manners preferably within a period of one year. 
An initial report under the hands of the Chief Minister, Government 
of Sindh shall be submitted before this Court within a period of two 
weeks from today.  
C.M.A. No.996-K/2021 in C.R.P. No.56-K/2021: 
 
3.  
 
Through the instant CMA, learned counsel for the applicant 
seeks permission to argue the review petition. We have heard the learned 
counsel for the applicant.  For reasons mentioned in the application, the 
same is allowed. 
C.R.P. No. 55-K and 56-K/2021 in C.M.A. No.625-K/2021 in  
Const. P. No.9/2010: 
Const.P.No.9 of 2010 etc. 
22 
 
4. 
 
We have heard the learned counsel for the review petitioners 
and have also gone through the record of the case.  
5. 
 
For reasons to be recorded later, both the review petitions 
are dismissed. The Commissioner, Karachi is directed to make 
compliance of the order dated 16.06.2021 passed by this Court. 
C.M.A. No.1003-K/2021 and Report No.69-K/2021 in C.M.As. No.86-
K & 711-K/2021:  
 
6. 
 
Notice to Mr. Salahuddin Ahmed, learned counsel as well as 
the learned Advocate General, Sindh. Notice be also issued to the 
Administrator, Karachi so also the Commissioner, Karachi and the 
Director General, Karachi Development Authority. In the meantime, the 
Municipal Commissioners as well as the Director General, KDA and the 
CEOs of all the Cantonments in Karachi are directed to file complete list 
of ST (amenity) Plots all over Karachi and give their description, including 
total area, present status and as to for what purpose these ST (amenity) 
Plots are meant and being utilized. Details of ST (amenity) Plots shall be 
given individually, with photographs of each of the ST (amenity) Plots.  
7. 
 
Adjourned to a date during the next session.  
8. 
 
Dr. Saadia Virk appeared on behalf of the South City 
Hospital, Karachi, and requests for time to file response to the Court 
order dated 16.6.2021.  
9. 
 
The request is allowed. Let the needful be done within a 
period of three weeks. 
C.M.A. No.941-K/2020: 
 
10. 
 
The explanation given by Mr. Shumail Riaz, Senior 
Superintendent of Police, Jacobabad though is not satisfactory but as he 
has tendered unconditional apology before the Court, we restrain 
ourselves to take any action against him, but he has been warned to be 
careful in future. 
Const.P.No.9 of 2010 etc. 
23 
 
11. 
 
The Deputy Commissioner, Jacobabad states that demolition 
work of Meraj Hotel has been started and major part of the building has 
been demolished, however, a small portion remains to be demolished, 
which will be achieved at the earliest and the plot of land shall be 
restored for the purpose of school, for which it is meant. The Deputy 
Commissioner is directed to ensure that the demolition work be 
completed expeditiously and a final report regarding this property be 
submitted in Court before next date of hearing. The photographs of open 
plot of land occupied by Meraj Hotel shall be placed before the Court by 
the Deputy Commissioner. 
Government Girls High School, Jacobabad: 
 
12. 
 
The Deputy Commissioner, Jacobabad has filed a Report 
No.73-K of 2021 in Court today. Let a copy of such report be supplied to 
the applicant Ms. Maliha Malik who will give her response to it well 
before the next date of hearing. Re-list in the next session.  
Hotel Al-Harmain and Saint John School: 
13. 
 
The owners of Hotel Al-Harmain state that they have 
purchased the land from the Municipality in auction and thereafter, have 
constructed the Hotel. They seek time to file proper documents regarding 
the acquiring of land on which the Hotel has been built. The same party 
also claims to have been allotted land of Government Veterinary Hospital 
whereby they are running a school by the name of Saint John School and 
claims that the same has been allotted to them by the Chief Minister, 
Government of Sindh. We have asked them to show under what 
authority of law the Chief Minister can make allotment of the land of 
Government Veterinary Hospital for private/commercial purposes. They 
request for time. 
14. 
 
The Deputy Commissioner, Jacobabad states that so far as 
the ground of Government Girls High School, Jacobabad is concerned, 
Const.P.No.9 of 2010 etc. 
24 
 
the same has been got vacated from Abdul Baqi Abro of the Education 
Department who has built his house. He states that the house has been 
got vacated and the same has been handed over to the Education 
Department to be used for the purposes for which it is meant.  
People Primary Healthcare Initiatives: 
15. 
 
As regards the house of Riaz Jakhrani, it is stated by the 
Deputy Commissioner, Jacobabad that the land on which such house is 
built was allotted and is privately owned. We note from C.M.A. No.941-K 
of 2020, that the land on which Riaz Jakhrani has built his house is the 
land meant for People Primary Healthcare Initiatives. Let notice be issued 
to Riaz Jakhrani for appearance before the Court on the next date of 
hearing and also file his reply.  
16. 
 
M/s. Ijaz Jakhrani and Sajjad Hussain Jakhrani have 
appeared in Court today. They shall file their replies.  
17. 
 
Adjourned to a date during the next session. 
Aladin Amusement Park: 
18. 
 
The Commissioner, Karachi has filed a report bearing No.63-
K of 2021. It seems that all the constructions which were made in the 
Aladin Amusement Park have been demolished and substantial Malba 
has also been removed, but some Malba still remains in the area. He 
states that for restoring the park, he has written a letter to the 
Government of Sindh for providing funds and that as soon as the funds 
are made available, he will take all necessary steps for establishing the 
park on the said land. Let the Commissioner, Karachi take expeditious 
steps in this regard. He will ensure that no encroacher or trespasser is 
allowed to occupy any portion of the land of the Aladin Amusement Park. 
Proper security in this regard shall be ensured by the Commissioner. He 
shall also ensure that a park is developed on the land and such is also 
done without delay.  
Const.P.No.9 of 2010 etc. 
25 
 
19. 
 
Adjourned to a date during the next session.  
C.M.A. No.698-K/2021: 
20. 
 
Notice. Re-list during the next session.  
 
 
 
CHIEF JUSTICE 
 
 
 
 
JUDGE 
 
 
Bench-I 
 
Karachi 
22.09.2021 
‘APPROVED FOR REPORTING’ 
Mahtab/* 
JUDGE