City Nazim Naimatullah Khan has submitted a comprehensive report with Director General, Sindh Local Government Commission (SLGC) about the alleged disposal of City District Government Karachi (CDGK)'s property commonly known as "Americano".
The copy of report made available to PPI on Tuesday traced back the history of said piece of land since 1955 to auctioning of it sometime back.
According to report, City Nazim asserted that auction of land was in accordance with the law and no violation of rules was committed in the process of auctioning it.
Referring to court decision in Americano issue, he mentioned that decree was passed with the consent of parties for holding of auction for 99 years, which clearly shows that all parties in court were well aware that auction proceedings were to be taken up in view of Ordinance 1979 and not under Ordinance 2001.
He expressed his ignorance about any map, which has shown the premises in question as drain. "It was in the possession of Americano Dry Cleaner since 1955 and I do not know the position before 1955," he added.
Naimatullah Khan disagreed with the contention that EDO Law consented for allotment of piece of land on 99 years to Shahid Umar, who was previously in occupation of the land. Instead EDO Law identified DO Estate before Sindh High Court, who had given the consent for lease of the premises for 99 years on the basis of application of Shahid Umar dated July 07, 2000.
"The application was accepted by the then Director Land of defunct KMC on the condition that nullah was offered for the allotment at the rate of Rs 25,000 per sq. ft.," he mentioned and urged that then Director Land should be asked on whose authority he had offered the piece of land at this rate for 99 years.
City Nazim dispelled the impression that DCO was not taken into confidence by Nazim. "Once the viewpoint of DCO is taken, Nazim is not bound to send the file to him again and again, he added.
"As per SLGC, Nazim is the head of district government and DCO is to assist him, who is responsible to maintain financial and administrative discipline in the district government," he contended.
He further said that Nazim is empowered to act in accordance with law and auction of Americano Nullah was carried out as per the decision of High Court, which states: "The shop No DR/S-2/29-A/B 3 should be put on auction for 99 years lease subject to condition applicable to such auction of city district government".
He revealed that same DCO, who is opposing the allotment of the structure on Nullah in this case, has recommended for approval on April 27, 2004 construction of RCC drain near Glass Tower, Clifton, Saddar Town despite knowing that this portion would be used for customers parking or would be used for construction of shops there.
He recalled that extension of Habib Bank premises on Clifton Nullah was refused by defunct KMC on the basis of government order of January 1978 vide CR 207 in 1988.
However Sindh government, in 1988 squashed the said CR and allowed extension of bank premises on said Nullah.
He noted that in the light of facts, reasoning and arguments, the commission had no ground for asking the Nazim to appear before the commission and demanded that the letter issued in this regard should be withdrawn.
It may be recalled that SLGC last month asked City Nazim to appear before commission for auctioning the land on a Nullah commonly known as "Americano".