Karachi: Ban on local govts owned land sale: Kamal challenges Qaim’s order in court

[Naveed Yaseen]

KARACHI: The restriction placed by the Sindh chief minister on disposal of any type of land including residential or commercial plots and shops by the district/city district governments and town/taluka municipal administrations (TMAs) was questioned before the Sindh High Court (SHC) by City Nazim Mustafa Kamal and five town nazims on Tuesday.

In a surprise move, the city nazim came to the SHC in the afternoon and filed a petition through his counsel, former Sindh advocate general Barrister Faroogh A Nasim.

The City District Government Karachi (CDGK) EDO (Law) Manzoor Ahmed and others accompanied Kamal.

The city nazim claiming exemplary and phenomenal growth and development in Karachi since he became its nazim on Oct 17, 2005, maintained that he was serving the people of Karachi without any discrimination and provided basic facilities to badly neglected areas of the city like Baba Island, Bhit Island and Lyari, to name a few.

He also stated that he carried out works such as the signal-free corridors and linked 38 villages by constructing the Hawkesbay-Hub Road.

The petitioner relying on Article 32 and 37(i) of the constitution said that under the law, the provincial government is mandated to establish a local government system and devolve the political, administrative and financial responsibility and authority onto the elected representatives of the local government.

He also referred to the Article 140-A and said that it became a basic structure of the constitution which could not be amended or taken back which is good for the country as it empowers the people at large.

The Sindh Local Government Ordinance (SLGO-2001) was in pursuance of the Articles 32, 37 and 140-A and was protected. The petitioner maintained that under the SLGO, revenue matters fell under the administrative and executive control of the respondent Board of Revenue.

“In a manner completely without jurisdiction, unlawfully and unconstitutionally, the respondents have communicated two letters dated July 19, 2009 and July 20, 2009, wherein it has been observed that the Sindh chief minister has imposed a complete ban on the disposal of properties of the local government while also restricting them from disposing of their land through auction, lease or any other means” maintained the petitioners.

It was also maintained that neither the Sindh chief minister, nor the respondents including the Sindh chief secretary, local government secretary, special secretary to the Sindh Chief minister or the Board of Revenue senior member, have powers to issue the impugned direction bringing the entire local government set-up to a complete halt.

The court was prayed to declare the impugned letter and action by any functionary, entity, authority and person in the affairs of the local government are without jurisdiction, unlawful mala-fide and void, and that the impugned actions were opposed to the fundamental rights and Article 2-A of the constitution and also of Shariah Act 1991.

The petitioner also sought the suspension of the impugned letters pending hearing and disposal of the petition. The petition was accompanied by a number of applications including one for urgent hearing and is likely to be fixed before a division bench of the SHC in a day or two.

http://www.dailytimes.com.pk/default.asp...009_pg12_1