Twelve hundred families in PIB Colony in Karachi are battling evictions after the original owner of their plot of land took KMC to court.
These families live in 178 houses in Pir Ilahi Baksh (PIB) Colony. One Imambargah, a mosque, and Kid’s University are also built on the disputed land. Most of the families are middle and low income and have been living in the area for over 50 years.
PIB Colony was established after independence to settle refugees on around 186 acres. It was named after Pil Illahi Buksh, a prominent member of the Pakistan movement and one-time Sindh chief minister.
These 178 houses range from the tiny 60 square yards to 600 square yards and are located on Survey Plot No 14. This plot is approximately 28,000 square yards and covers a large part of the colony.
On Feb 16, the Nazir or additional registrar sent notices to the families that they needed to vacate the houses. This was based on a Sindh High Court order from Feb 6. At a subsequent hearing, the SHC heard an appeal filed by the residents. The court then amended its decision to evict them. In the latest development, on Tuesday, more documents were solicited and the case was put off for three weeks.
The land has been claimed by the legal heirs of the late Syed Muhammad Ashraf Uddin.The case on this land has been in court since 1986 between Ashraf Uddin’s legal heirs, KMC and the occupants.
In 1948, Syed Muhammad Ashraf Uddin acquired this land from Tara Chand, who migrated to India. His heirs are now using their agreement to claim ownership.
During the case, KMC told the court that it acquired the plot in 1946 and granted it to the occupants on a 99-year lease. It argued that Syed Muhammad Ashraf Uddin says his agreement with Tara Chand is dated to 1948. But then KMC was unable to furnish lease documents to satisfy the court.
This dispute places the people of PIB Colony in great difficulty. “If KMC failed to provide lease documents in court, how is this our fault?” said one of the occupants who is party to the petition. “We have been paying all the bills and land transfer fees to KMC.”
Another resident, Iftikhar Aslam, said it had caused extreme stress. “My daughter asks me daily after we received the court notice if our house is about to be demolished.”
The court provided an alternative. If KMC doesn’t want evictions, it may either allot another plot measuring 28,000 square yards in PIB Colony, which is possible, or pay a fine of Rs130,800,000 with 18 percent markup. If KMC fails to take either alternative, the occupants will have to be evicted.
