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IN THE SUPREME COURT OF PAKISTAN, ISLAMABAD (ORIGINAL JURISDICTION)

Civil Misc. Application No. ----. in HR Case No 22978-S/2014 on the

allegation of illegal allotment of land, 20,800 acres for HDA/Builders,

three Plots of 100 Acres each in Deh. Khadeji and also other allotments,

by Sindh Government

Application by Syed Adil Gilani, Adviser Transparency International

Pakistan 5C, 2nd Floor Khayaban-e-Ittehad, Phase VIII, DHA, Karachi

******* Respectfully Sheweth; Further to CMA submitted on 10th December 2014, regarding the

allegation of illegal sale of 350 acres of Clifton Beach as Plots by Sindh

Government , more complaints have received regarding illegal allotment

of land, 20,800 acres for Hyderabad Development Authority DA/Builders,

three plots of 100 Acres each in NC. No. 39 Deh. Khadeji, 5000 syds in

Block 7 Gulshan-e-Iqbal Karachi, 17,000 syd. Railway Land in Gulshan-e-

Iqbal Block 13-D/2, 4 Acres, KMC Land adjacent to Safari Park, 11 Acres

Land in Gulshan-e-Jauhar Block 6, and 4 acres land in Block 5 , Gulshan-

e-Jauhar, which were forwarded to the Director General ,NAB Sindh,

Karachi for their action on 29.1.2015. Annex-A.

It is respectfully requested that the complaint of illegal of Clifton Beach

as Plots by Sindh Government may also be taken up by Honorable

Supreme Court of Pakistan in the HR Case No 22978-S/2014.

Following are the allegations in the complaint;

The complainant has stated,

That;

1. Government of Sindh is involved in land scams, and create new

projects in name of “ Public Interest”, like illegal housing project on KPT

Land, on 300 acre Clifton beach, with pretext that KMC needs funds to pay its staff, and therefore new project proposed on 25.3.2014 by

Secretary L. U t. Mr. Javed Hanif, recommended by Mr. Sajjad Saleem

Hotiana Chief Secretary, and was approved by Syed Qaim Ali Shah,

Chief Minister on 21.5.2014. Annex-A.

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2. A similar new project proposed for HAD is “ Gulsha-e-Sarmat” on

20800 acres, which will cover an area of over 32 Square Miles. On

10.4.2014 Mr. Javed Hanif Secretary Local Govt. prosed the proejcr

summary doe CM’s approval, on the pretext that Hyderabad Development Authority HDA does not have resources to disburse the monthly salaries of employees and to run day to day affair. The

project recommended by Syed Murad Ali Shah, Adviser to CM, Mr. Sajjad

Saleem Hotiana Chief Secretary, was approved by Syed Qaim Ali

Shah, Chief Minister on 25.5.2014. Annex-B.

3. Many Plots in multiple acres out of this 32 Square Miles land have also

been allotted in the name of various parties, which are benami allotments,

made by the functionaries of Sindh Govt. and parliamentarians. The land

is not available, as well as the cost of the land is also being manipulated to

be peanuts by the functionaries of Sindh Govt, and the whole scheme has

been prepared for the purpose of benefit to be taken by the builders and

the functionaries of Sindh Govt from state land. According to Gazette

Notification of GoS Land Utilization Department, dated March 29,2006

procedures, land prices are to be determined at the Market Value, by

Price Committee, but the Secretary L. U t. Mr. Javed Hanif has insisted it

t be determined by a Committee, so that lower land price is fixed to

benefit builders/private sector, and cause loss to exchequer. .

4. Mr. Javed Hanif Secretary Local Govt. on 14.1.2015 prepared three

Summaries, for fresh allotment of 100 Acres Plots, adjacent of DHA City in

Gadap Area, to three benami firms, M/s Gahdhara Enterprise Pvt Ltd, M/s

Khaki’s Enterprize and M/s Rising Karachi Builder and Developer. Annex-C, Annex-D, Annex-F.

The three fresh allotments were recommended by Mr. Sajjad Saleem

Hotiana Chief Secretary approved by the Chief Minister Syed Qaim Ali

Shah.

These three cases are apparently fake allotments, backdated, to be

allotted in 14.10.2012 , in order to escape the ban imposed by the Supreme Court Orders in SMC 16 of 2011, dated 28.11.2012, banning all allotments in Sindh. One of the three similar summaries, approved

by the Chief Minister is quoted blow’

Quote

The summary regarding the subject matter was floated by this

department vide No. 01-430-03/SO-VI/28 dated 16.12.2014

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(Annex-A/I) but the same is not traceable, hence the summary is

moved again.

2. The facts of the case are that after approval of the

competent Authority on summary (Annex-A) the challan amounting

to Rs. 27.93 (Rupees: Two Crore Seventy Nine Lac & Thirty

Thousand only) was issued in four equal installments in favor of

M/s Rising Karachi Builders & Developers for allotment of 1000-00

acres land from NC. No 39 Deh Khadeji Karachi incremental

housing purpose (Annex –B) but the same was not paid.

3. M/s Rising Karachi Builders & Developers approached this

department stating that due to very critical law & order situation in

City they could not pay the amount in due date, hence the due date

expired and they were ready to pay the total amount.

4. Summary was floated to Competent Authority /Hon’ able

Chief Minister Sindh, for treating the instant case as fresh one, for

the purpose of issuance of challan to the applicant which was

accordingly approved on 14.10.2012 (Annex-C).

5. However, the applicant applied for issuance of challan afresh

after about 1 ½ year vide application dated 18.03.2014 whereupon

the then Member Land Utilization / Secretary to Government of

Sindh intimated to the applicant that the Hon’ able Supreme Court

of Pakistan has imposed complete ban on allotment of state land in

Suo Moto case No. 16 dated 28.11.2012 (Annex –D).

6. The Condition -5 (a) of the Colonization of Government

lands (Amendment) Act, 2009, vide Notification No. PAS/Legis-B-

3/2009 dated 09.06.2009 as amended vide Gazzete Notification

No. PAS/Legis-B-27/2011 dated 11.06.2012 provides as under

(Annex-E): “failed to deposit the occupancy price within a period of

six months after the issuance of offer letter or allotment letter

regarding grant, allotment or lease of land, such offer letter or

allotment letter shall automatically stand withdrawn and shall not be

restored. Provided that the grantee, allotte or lease may apply

afresh for grant, allotment or lease of land and the Competent

Authority may make a fresh grant, allotment or lease as the case

may be”.

7. in the light of said condition, summary was moved to the

Hon’ able Chief Minister of Sindh for treating the case as fresh one

for the purpose of issuance of challan which was approved dated

14.10.2012 but the challan was not issued as stated in para 4 & 5.

8. The applicant has again approached this department vide

his application stating therein to kindly his request for issuance of

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fresh challan, on humanitarian grounds, as the summary has been

approved by the Hon’ able Chief Minister Sindh (Annex-F)

9. In view of the above position, the Hon’ able Chief Minister

Sindh may like to pass orders for treating the instant case as fresh

one for the purpose of issuance challan only to the applicant. Unquote

Note: The cost of land 100 acres each, is different in all three cases. Rs

25. million, Rs 28.06 million and Rs. 27.93 million respectively. It proves

that these are fake allotments, and how can the three companies allotted

plots without open bidding, auction etc. It is reported that these re benami plots of very high political person of Pakistan . According to According to Gazette Notification of GoS Land Utilization Department, dated March 29,2006 rules for Incremental Housing Scheme, a plot of 120 syd, can be only allotted to one individual of a family, that too under predefined criteria, but not to any Builders or Companies , nor 100 acres land can be allotted to Builders under the Incremental Housing Scheme. These three allotments are fake, illegal and void under the policy also.

5. An innovative fraudulent scheme is in place in Govt of Sindh since

2008. Karachi Development Authority KDA was transferred land by Govt

of Sindh in 1960s, at the official reserve prices. KDA developed various

housing Schemes, 1,2,3,4,5, to 33, and sold plots. But KDA failed to pay

some portion of the cost of land to of Govt of Sindh. Corrupt the builders

and the functionaries of Sindh Govt first take illegal Qabza of open plots

already allotted by KDA many years ago, by force of Ghundas, same

open plots already allotted by KDA. The Board of Revenue Sindh in

connivance with high ups, allotted the same plots in the names of new

persons, and police is made dormant in such cases. Big names such as

Advisers to CM, Ministers, Chief Controller SBCA, Builders, are involved

in these illegal acts. Few cases of such illegal allotments are named.

Annex-F. A. 17000 Sq yds land reserved for Central Railway Station in Block

13-D/2, Gulshan-e-Iqbal, Karachi has been allotted to private

person through manipulation in revenue records. Involved persons

Member (LU), BoR, Deputy Commissioner East, Mohsin

Shaikhani, Chairman ABAD and Agha Siraj Durrani, Speaker

Sindh Assembly. Market value 1.7 billion.

B. 4 Acre KMC land in between Safari Park and Allahdin

Amusement Park allotted on through away prices to private

person namely Shahid Shamsi in 2012 through manipulation in

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revenue record. Involved person are Member (LU) BoR, Deputy

Commissioner East Mr. Sami Siddiqui, Muhammad Ali Shaikh,

Aftab Pathan and others. Market value 300 million.

C. 11 Acre land in Block 6, Gulistan-e-Jauhar allotted to private

person Hadi Bux Memn through manipulation in revenue record

and creating fake record of a Goth under Goothabad Scheme,

giving it Survey No. 7, Deh Safooran, cancelling allotted plots of

genuine ballot allottees of KDA. Involved persons Member (LU)

BoR, Director, Gothabad Scheme, Zulfiqar Mirza, Former

Provincial Minister, Agha Siraj Durrani, Former Provincial Minister,

Roshan Shaikh, Former EDO Revenue Karachi and Iqbal Nawaz,

Former Director Land CDGK. Market value 2 billion.

D. 4 Acre land in Block-5, Gulistan-e-Jauhar allotted to Mr. Khhob

Chand declaring KDA land as revenue land cancelling allotted

plots of KDA through manipulation in revenue record. Involved

persons Zulfiqar Mirza, Former provincial Minister, Roshan Shaikh

Former EDO Revenue, Wajid Shaikh Former DDO Revenue, Iqbal

Nawaz, Former Director Land CDGK Market value 600 million.

E. 5000 Sq Yards precious Land in Block 17, Gulshan-e-Iqbal,

Karachi

(behind Residence of DG Rangers) allotted recently through newly

created survey No. 303 in Deh Okewari involved persons Member

(LU) BoR, Sami Siddiqui, then Deputy Commissioner (East),

Wasim Akhter Former Provincial Minister and Omer Hayat Chohan,

a famous Land Grabber. Market value 400 million.

Another compliant on illegal efforts of KMC to sell amenity plot 245 acres reserved

for Sports Complex, Landhi for residential /commercial plots, which was forwarded to

to the Director General ,NAB Sindh, Karachi for their action on 30.12.2014 Annex-B An indulgence of the Honorable Court in this matter of against all those

responsible proposing the allotment and processing the proposals, as well as

allegation of illegal allotments of already allotted plots is prayed for,

TI Pakistan is striving to have Rule of Law in Pakistan, which is the only way to

eliminate corruption and have good governance in country.

Yours obediently,

Syed Adil Gilani, Adviser 30.1.2015 Encl: Annex A & B

Imran

Typewritten Text

Annexure A

U