Taking possession of Katchi Abadis land and giving it to a purported tenant cannot be used for personal enrichment, the Supreme Court ruled on Thursday. In his judgment, Justice Qazi Faez Isa stated that it would be against public policy to allow money to be made by exploiting the landless and claiming ownership rights after having possessed such land. Syed Jamil Ahmed’s appeal against the Sindh High Court’s Aug 13, 2018, order resulted in the findings. The appeal was heard by a two-judge bench, consisting of Justice Isa and Justice Yahya Afridi.
The Karachi Metropolitan Corporation (KMC) leased Jamil Ahmed a plot of land measuring 204.06 square yards on Aug 31, 1989. In addition to this land, the petitioner is said to have rented 40.56 square meters of land. However, the land had already been given to Muhammad Salam on May 21, 1985. The Supreme Court stated that the proceedings subject to this proceeding were filed in 1995 and dismissed by prescription, and lawyers may file the proceedings in 1985 10 years later. The proceedings were clearly legally prohibited, and the lower court and SHC’s decisions were correct, the Supreme Court said.
According to the Supreme Court, even if Salam is assumed to be the applicant’s resident, Salam cannot claim a long-term leasehold of land in Katchi Abadi declared on the basis of the alleged occupancy. While the law normalizing Katchi Abadis aims to address people who do not own land, applicant Jamil Ahmed has established a claim for land that admits that he does not own or own it. According to the verdict, the land of Katchi Abadis must not be used for personal gain by taking ownership in any way and transferring it to a presumed tenant.
