Supreme Court rescues CDGK Land by cancelling Army Welfare Trust lease

pakistan-supreme-courtSupreme Court of Pakistan has canceled sub-leasing of 4.958-acre prime land in Karachi, meant for a playground, to the Makro Habib Store for commercial activity by the Army Welfare Trust (AWT). The court directed Makro Habib to remove its structures and installations from the playground within three-months, restore it to the same condition as existed on the date of the sub-lease and hand over its vacant possession to the City District Government, Karachi (CDGK).

The court held that the CDGK being the elected local government, representing the people, will develop and maintain the land as a playground or will allow its use for such other purposes permissible under the law. The court had taken suo moto notice against the establishment of Makro Habib Store on the playground. Later, a citizen-Mehfoozun Nabi of the affected area had also been impleaded as party in the matter. [Jang/News]


19 Comments so far

  1. YS_1 (unregistered) on December 19th, 2009 @ 1:24 pm

    Excellent Job!

  2. d0ct0r on December 21st, 2009 @ 1:08 am

    Hats off for SC, it touched the army and got the land vacated. NOW can SC touch MQMized unit and sector terrorists too who have illegally occupied and encroached hundreds of acres of land and amenity plots meant for public parks , play grounds and other public welfare projects? All of this was done right under the nose and orders of ‘young n dynamic’ MQMized city Nazim and CDGK,or is MQMized terrorists untouchables at the moment? Criminal MQMized ministers can roam scot free and have gotten their names removed from Exit Control List as well despite facing heinous and brutal criminal charges just because they’re holding Karachi on gun point.

  3. urbanruler (unregistered) on December 21st, 2009 @ 5:20 am

    Which branch of makro are the talking about . Is it the one on mangopir road ?

  4. seskey on December 21st, 2009 @ 3:08 pm

    says who? the makro structure in lines area is very much existing, court, what court, which court??? hahahah

    kangroo (in) courts cannot do much,

    barking like dogs do in the dark of night, howling like wolf, crying like haiyna….

    not one single brick of the structure, not single individual of the Govt would be tried or punished, not even a simple civilian like branch manager of some bank involved in loan write-off cases.

    like we all know, LAW exist but who will implement? everyone save their own asses, PSP officers, CSS dare not move court can kiss their own asses., or make a force of their own to implement their Orders..

    Kisi ka kuch bhi nahi bigarta… !

  5. بستنی (wasiq) on December 22nd, 2009 @ 12:39 am

    2002….how can I forget…? the question is how in the lords name did you remember…
    surmai fish tikka sounds delicious……keep moving…lol!

  6. fas4u (unregistered) on December 22nd, 2009 @ 10:31 pm

    Dogtor (AKA Jamati) why you always bring MQM in every discussion.

    Kaheen apki le tu nahee lee kisi MQM wale ne.

    Stop Barking Nonsense like Dog

  7. phuddida (unregistered) on December 23rd, 2009 @ 1:41 pm

    iss k kapray utar kar iss ka check-up karoo, iss k dono chootar par M likha ho ga keyon k iss k azhole Q jaysa hai, iss ke paiydaysh mai koy fault hai ya phir MQM ka hath hai jabhi iss ko MQM sai dar lagta hai

  8. daman (unregistered) on December 23rd, 2009 @ 8:38 pm

    Thank you Supreme Court, Shehri and Ardeshir Cowasjee.

  9. Abdullah (unregistered) on December 27th, 2009 @ 4:29 am

    My dear friends, Most repectfully I want to point out some of facts to you.

    1. The land was given to lease to Makro Habib (which is joint venture of 2nd larget wholesale market of the world) in 2005.

    2. The plot was not built during the last 60 years and we are all witnessed that what was there before this makro center there (Only mud place & dich).

    3. Why not Shehri & other affecties went to Court before building the Makro Building there.

    4. Makro given the job almost 2,000 persons there who are living in Karachi (if the center cloase who will give them job “Superme Court”?)

    5. Local Area has imecabely improved its vicinity & people have access to a safe & peacful environment to shop.

    6. I am also working for Makro Habib but in a differnet Center, Makro spent 800 million rupees on this project which ofcourse have not been recovered. If we do such kind of attitude to the International Organizations who are comming to Pakistan depite so much distrubance and talbanization in Pakistan then who will come next? Will Supereme Court or Shehri will invest 800 million Rupees in karachi? Will they provide Direct Employement to more than 600 persons?

    7. Our economic situation is very well known to everyone and Makro is a little effort to promote and support our Local brands and trying to give some relief to the medium class of Pakistan specially to Karachiates. More than 3,000 small & big business will afect from it. Who will give them business? Supereme Court or Shehri?

    8. If Shehri is so much concerned about the ammunity plots then why not it can’t see the plot which have been sold out by our local people in differnet areas of Landhi, Korangi, Malir, Shah Faisal, New Karachi, Nazimabad. I can give your proof of exact locations of how & where.

    9. You people are fighting that its MQM and not MQM but ultimately the loosers are Pakistani and Karachiates who will loos their job, easy & safe access to a shopping area.

    10. You know how much Makro spent on victims of Earthquake?

    11. I think, none of you know how many schools are run by Makro to promote education in poor & needy children of slumps area of Karachi.

    Above all,

    1. Makro did not give any kickback to any person to get this lease done.

    2. Makro legal got this land with AWT after getting approvals from Karachi Cantonment Board & Milatry Land Departments.

    3. If this is a fight between the two Government Agencies or Departments then why Makro should suffer?

    Tell me, if any one do this to you? Will it be justified to you and will you say yes I will leave the place? No, because it will be unlawful & unjustifyable under any Law.

    I think Makro reacted very well & did not oppose SC Orders & just trying to move out from this place and may be they will not think about to open any store anymore after this incidents.

    Please try to understand the situtation & think positively.

    The land mafia wants to grab this place and when they saw they couldn’t do this then they decide to take revange by doing this. otherwise right after this Makro store how much land have been grabed by the local people and living there on an unauthorized land with getting any lease or paying any panny to the government.

    In the end I request you all to please play their role in every walk to life with a justification & in a balanced manner. Don’t just blame each other by saying few good and bad words.

    Take good care of your self and your family & friends.

    Allah hafiz.

  10. Da-man (unregistered) on December 27th, 2009 @ 7:42 am

    If Makro builds on a playground, it is illegal. We don’t need an intervention from the Supreme Court.

  11. surfer on December 28th, 2009 @ 9:24 am

    Does this mean ….

    Supreme Court will reOpen Zulfikar Ali Bhutto’s Judicial Murder Case…. ?????

    I wonder…. ????

  12. fasee (unregistered) on December 29th, 2009 @ 1:15 pm

    @ wasiq

    sir jee i ehard karachi walai figner fish sirf shark ke bachon ki banatay hain…..coz surmai is pretty expensive to buy fry n sell finger fish to this phaticher qoum.

    10 rupay kam ke chaker me jalay huway cancerogionous teel me paki, ghair sharai machli khaanay per hamrai mazhabi thekedar ya doctors dono chup rehtay hain…while eating out thsere fish steaks in cosy resturants

    sali confused choutiya qoum

  13. بستنی (wasiq) on December 29th, 2009 @ 10:05 pm

    @fasee saab….sir my dearly departed papa was very strict about the fish and other sea-foods…he used to buy it himself and have it cleaned to the extremes..and then cooked very delicately…it is so amazing that even after his death the fish sellers are very particular about the fish they bring to our door step is beyond any doubt…we don’t buy cooked fish from anywhere or eat at just any resturant….

  14. fasee (unregistered) on December 30th, 2009 @ 12:14 am

    @ wasiq.

    hmmm…sir are you sure that teh last fish you ate, didnt had an extra marital affair with the lobster living in the next fish tank…??

    i heard she was a free sex advocate…and was famous in fish tank orgies…..agar allah janay..tumat lagana mazhab me mana aya hai verna dastan-e-ameer-hamza lafi lambi thi janab ki

  15. surfer on December 30th, 2009 @ 3:23 am

    who is going to open Zulfikar Ali Bhutto’s Judicial Murder case in Pakistan….?????

  16. fasee (unregistered) on December 30th, 2009 @ 9:41 am

    @ surfer.

    we would soon open the case of al shaheed syadee maulna alhaaj zulfikar ali bhutto…..but before that we have to open the case of her lil shaheed bitch…abhi tu us ke katilon ka pata maloom kerna hai

    tkaay husan-e-karkardagi pe tamgha de sakay pori awam

  17. بستنی (wasiq) on December 30th, 2009 @ 1:58 pm

    @fasee saab…sir here are your culprits….and the specimen for the lab…we leave no stone unturned…rest assured…Oh la lala la..

    and please don’t believe the sunni sunnai…spread and sponsored by the irani mulla’s….just to isolate me…from ….

  18. fasee (unregistered) on December 30th, 2009 @ 8:32 pm

    @ wasiq…

    naaw sir jee..its better safe then soorry….forget surmai fish…switch to lobsters….heard they are very good for male virility aswell….:D:D

  19. CitizensOfPakistan (unregistered) on January 1st, 2010 @ 4:36 pm

    Please note that facts of the case

    On 18 December 2009, the Supreme Court of Pakistan gave a historic judgment and ordered Army Welfare Trust & House of Habib to clear out of 4.958 acre playground which they have unlawfully encroached to build a hypermarket – Marko in the Saddar area. How did this state of affairs come about?

    In 1938, the 5-acre ‘Webb Ground’ in Lines Area was leased by the cantonment/army authorities to the Karachi Grammar School for a ‘recreation ground’ for sports activities; it was also used by the children of the area as a playground.

    In the late 1970s, most of Lines Area was transferred to the City Government by the cantonment/army, and a master-plan prepared showing ‘Webb Ground’ as a playground.

    On 19 December 2002, the Webb Ground plot, which had earlier been illegally ‘commercialised’ by the Ministry of Defence was leased-out for 90 years to the Army Welfare Trust (AWT), a military-business (“Milbus”) NGO, at a THROWAWAY PRICE OF RS 6,020 FOR THE WHOLE 4.958 ACRE (24,000 SQUARE YARD), WHICH COMES TO ABOUT 25 PAISAS PER SQUARE YARDS.

    On 7 July 2006, the plot was sub-leased by the AWT for an initial period of 30 years to Makro-Habib, for the establishment of a ‘Cash & Carry’ departmental store, at the rate of Rs 17.5 million annually with an advance of 100 million. The partners in crime were SHV Holdings NV Netherlands, House of Habib and Army Welfare Trust. SHV Holdings have now pulled out of a number of countries in Asia including Pakistan. However at the time of construction and the commissioning of this crime, this multinational cowboy knew of the willful encroachment of the playground.

    On August 2007, an area resident filed a ‘Public Interest Litigation’ case in the High Court of Sindh and asked for re-instatement of the playground/amenity plot.

    On 22 August 2007, the Court issued a ‘status quo’ order (no further construction to be carried out), however, IN DEFIANCE OF THIS ORDER, MAKRO-HABIB CONTINUED CONSTRUCTION. (Habib group thought at that time that no one could touch them as the judges were weak and willing)

    The highly paid legal team of Marko-Habib had the case dismissed ex-parte in the Sindh High Court using legal chicanery because of the turmoil caused by the PCO judges.

    When the judges were restored, the Chief Justice of the Supreme Court, Justice Iftikhar Mohammad Chaudhry took suo motu notice of this case.

    On 18 December 2009, the historic judgment of the Supreme Court ordered;

    (i) The cancellation of AWT lease, and the subsequent sub-lease to Makro-Habib.

    (ii) Declared Webb Ground as a playground, and reverted it back to CDGK.

    (iii) CDGK to develop it as a proper playground.

    (iv) Makro-Habib to vacate the ground within three months.

    In Pakistan the rich and powerful are beyond the law, and can loot and plunder at will. The citizens of Pakistan should be grateful that we now have courageous judges who consider the rule of law stronger than the influence of the powerful, corrupt and rich elite of Pakistan.

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