SC sets Karachi land lease at naught

ISLAMABAD The Supreme Court on Friday directed for handing over possession of 4.958 acres playgrounds land to City District Government, Karachi, which the former president Pervez Musharraf had leased out to Army Welfare Trust (AWT) in 2002. The court, as it announced a reserved judgement in the case, held that that the Government of Pakistan, acting in the name of President, had no legal authority to grant leasehold rights in the said land to AWT, consequently setting the said lease at naught. Former president Pervez Musharraf had leased out the aforementioned land reserved for a playground in a densely populated area of Karachi to AWT on December 19, 2002 for a period of 90 years at the yearly rent of Rs 6,020. The AWT, on July 31, 2006 leased out the land to Makro-Habib for an initial term of 30 years and received advance rent of Rs 100 million based on a variable annual amount of at least Rs 175 million and a maximum equivalent to 1 percent of the annual turnover of Makro-Habib. Makro-Habib constructed a wholesale centre on the said land. However, the Supreme Court had taken suo moto action on a report published in a daily on June 14, 2009 and announced its judgement on Friday, thus handing over the land back to the CDGK, cancelling the lease in favour of the AWT and sub-lease in favour of the Makro-Habib. The court also directed Makro-Habib to remove its installations from the land within three months and hand over vacant possession to the CDGK. The court allowed the CDGK to develop and maintain the land as a playground or shall allow its use for such other purposes as are permissible under law. The operative part of the judgement is given as follows: After having examined the entire record and having considered the submissions made on behalf of the parties, we have, for reasons recorded in this judgement, come to a decision, which we now record. We declare, hold and direct that: a) The land measuring 4.958 acres, which is the subject matter of this case, was included in the area transferred by the GoP to the KDA for the Lines Area Project; b) The said land was reserved as an open space dedicated for use as a playground in the Master Plan of the Lines Area Project; c) The playground was and remains an amenity plot falling within the jurisdiction and zoning/regulatory control of CDGK; d) The GoP (acting in the name of the President) had no legal authority to grant leasehold rights in the said land to AWT; e) The lease dated 19.12.2002 in favour of AWT is without lawful authority, with the result that the same is cancelled and set at naught; f) as a consequence the sub-lease dated 31.7.2006 in favour of Makro-Habib is also without lawful authority and is, hereby cancelled and set at naught; g) Makro-Habib is allowed three months from the date of this judgment, to remove its structures and installations from the playground, restore it to the same condition as existed on the date of the sub-lease and hand over its vacant possession to the CDGK; h) The CDGK being the elected local government, representing the people, shall develop and maintain the land as a playground or shall allow its use for such other purposes as are permissible under law. This case is decided in the above terms. On Friday, Iqbal Kazmi, office-bearer of a human rights NGO filed a petition in the Supreme Court praying for disqualifying holders of public office who benefited from the invalidated National Reconciliation Ordinance (NRO). The petitioner held that now when the apex court has declared the NRO void ab initio, the politicians who acquired public offices through the Ordinance should also be declared unqualified.

The writer is a member of staff and can be reached at khalidaziz100@gmail.com

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