CS told to form committee to verify legality of leases of plots on amenity land

The Sindh High Court has directed the chief secretary to constitute a committee to assess the legality and validity of the leases allegedly issued by the Karachi Metropolitan Corporation (KMC) on land earmarked for education purposes in Orangi Town.

Disposing of the petitions with regard to the leases of plots on amenity plots, a high court division bench headed by Justice Salahuddin Panhwar observed that the committee shall determine whether these leases were lawfully executed, cancelled, or issued in contravention of the original scheme, which designated the land for trust purposes with the condition that it be used solely for public purposes.

The court observed that the committee, based on its findings, may recommend either the regularization of the leases or appropriate compensation, provided such recommendations are consistent with the applicable law.

It said that the committee shall conduct an on-site inspection of the land and thoroughly examine the reasons behind the non-functionality of the degree college, which was constructed using public funds.

The court observed that the committee shall also evaluate whether there has been any mismanagement or neglect in making the college operational. It said the committee shall determine the future course of action concerning the trust and the land allotted for public purposes.

The SHC further said the committee shall engage in negotiations with the trust to ensure the establishment of a forensic college, technical university, or an information technology (IT) university.

The court observed that this exercise may be accomplished either through collaboration between the government, the trust, and any other reputable NGO, or independently by the government or the trust, provided the trust demonstrates sufficient financial capacity to establish such an institution.

It said the entire exercise shall be completed within three months. The court observed that the chief secretary shall ensure that the committee includes two reputable members from Karachi with a background in education, particularly those known for their philanthropic contributions.

The court directed the use of the Church by the trust shall not be disturbed and any religious activities or services conducted by the Christian community shall remain protected, and their rights of worship shall be preserved.

Petitioners Shakeel Ahmed and others submitted in the petition that 25 acres of land designated for educational purposes under a Norwegian funding programme has been encroached in Organi Town.

They submitted that the land was acquired by the trust, but due to various reasons—likely including the deteriorating law and order situation in Karachi after the 1980s—the funding was discontinued and consequently, the substantial portion of land originally dedicated to education has largely remained unused.

They submitted that the Karachi Metropolitan Corporation (KMC) subsequently leased out 16 plots under a scheme that was intended for only 15 plots, and these leases were executed.

They said that at present, the trust is utilizing the land for a small-scale home-based industry, with a minimal number of girls enrolled and a 30-bed hospital in operation. They submitted that a degree college was constructed on the land but it has not been made operational; besides, the trust entered into a memorandum of understanding (MoU) with an NGO, resulting in the establishment of a primary school.

The private respondents also filed lawsuits to claim land on the basis of KMC leases; however, all parties have agreed that the government of Sindh, in collaboration with the KMC and the trust, should work towards establishing a public institution, such as a degree college or university, either through the existing Trust or any other reputable NGO, such as (TCF).