KARACHI: The provincial authorities has informed the Sindh High Court that there is a proposal about allotment of land to the Defence Housing Authority (DHA) for its housing scheme in Hawkesbay but the government has not made a decision yet.
The information was provided to a two-judge SHC bench comprising Justice Salahuddin Panhwar and Justice Amjad Ali Sahito during the hearing of two petitions filed against a provincial government’s plan to allot 6,000 acres of land to the DHA in Hawkesbay.
At the previous hearing, the bench had directed the provincial government to produce its policy for allotting land to any authority as well as the procedure regarding regularisation of old villages, and appointed a court official (nazir) to inspect the villages located on the land in question in order to ascertain their status.
At the outset of the hearing, the bench noted that despite explicit directions passed on the earlier hearing, the respondents had failed to file requisite information and comments.
Bench restrains Sindh govt from allotting land till next date of hearing
“While the respondents have conceded that a proposal exists, they have not, in fact, allotted any land to the Defence Housing Authority (DHA) for the proposed housing scheme,” the court order said.
The bench noted that the Housing Authority Ordinance, 1982, mandated the allotment of land for housing schemes with reference to the now-repealed Cooperative Societies Act 1925. However, at present the Sindh Cooperative Societies Act, 2020 was the governing statue and the legal framework under the 1925 act was no longer applicable, it added.
It further observed that this change in the applicable law had led the court to determine that the housing schemes could not be carried out by the cooperative societies department or the province of Sindh under the 1982 ordinance.
The bench said that earlier, the SHC in another petition had also ordered constitution of a task force and issued restraining orders against allotment of land for housing schemes including DHA.
“Considering the legal complexities and the existing court orders, it is hereby ordered that there shall be a stay on any allotment of land pertaining to the housing scheme, including any allotment in the name of the Defence Housing Authority (DHA), by the cooperative societies department or the Province of Sindh, until the next date of hearing,” it added.
The bench strictly directed the respondents to file their written comments before the next date of hearing and also issued directive for nazir to comply with the previous court order.
It noted that as per details provided by the Gothabad scheme, there were 58 villages within the relevant area based on a list compiled in 2010.
It ordered that a fresh survey be conducted by a committee to be formed and comprising members of the Gothabad scheme, board of revenue and secretary of the land utilisation department and it must physically visit the sites and prepare a comprehensive report.
Adjourning the hearing for a date to be fixed after four weeks, the bench said that one of the petitioners had failed to appear in court and directed the SHO concerned to provide immediate security to the petitioner and ensure his presence in court on the next date.
Published in Dawn, October 8th, 2024
