IN THE SUPREME COURT OF PAKISTAN

(Original Jurisdiction)

Civil Misc. Application No. of 2021

In
Constitution Petition No. 09 of 2010

Naureen Nazli……………………………..………………....Applicant

VERSUS

Province of Sindh & others………………………………Respondents

Court Appeal from: Application for intervener in Constitution

Petition No.09 of 2010

Counsel for Applicant: Applicant in Person

Counsel for Respondents: _________________

Karachi APPLICANT IN PERSON

DATED
 IN THE SUPREME COURT OF PAKISTAN
(Original Jurisdiction)

Civil Misc. Application No. of 2021

In
Constitution Petition No. 09 of 2010

Naureen Nazli……………………………..………………....Applicant

VERSUS

Province of Sindh & others………………………………Respondents

Court Appeal from: Application for intervener in Constitution

Petition No.09 of 2010

Counsel for Applicant: Applicant in Person

Counsel for Respondents: _________________

INDEX
Sr. Description of documents Annex. Page.
01 Memo of Intervener Application 1-6
02 Undertaking 7
03 Certified copy of order dated A 8-35
24.11.2021 passed by this Hon’ble
Court
04 Copy of approved lay-out plan B 36-38
05 Relevant photographs C 39-53
06 Copy of order dated passed by the D 54-57
Hon’ble High Court of Sindh in CP
No.2515/2017
07 Copy of applications moved by the E 58-71
Applicant
08 Affidavit of Facts 72-
09 Affidavit of Services 73
10 Notice of service 74-75

CERTIFICATE
It is certified that the index has been prepare by undersigned and
same is correct to the best of my knowledge.

Karachi APPLICANT IN PERSON

Dated
 IN THE SUPREME COURT OF PAKISTAN
(APPELLATE JURISICTION)

Cr. P. L. A. No. of 2021

Mst. Naureen Nazli D/o Mukhtar Ahmed

Muslim, adult, R/o House No.287-A, Street No.3,
Sir Syed Colony, Block-14-I, Allah Waris Stop,
Orangi Town, Karachi……………………………..………….Applicant

VERSUS

1. The Province of Sindh through Chief Secretary,

Government of Sindh, Karachi

2. The Commissioner,
Karachi Division

3. The Deputy Commissioner

Karachi West

4. The Administrator
Karachi

5. The Projector Director

Orangi Town, Karachi

6. The Senior Director Anti-Encroachment,

KMC Karachi,
Having office at Old KMC Building,
M.A. Jinnah Road, Karachi

7. The Assistant Commissioner Revenue,

Karachi West

8. The Station House Officer

Police Station Pakistan Bazar, Karachi……………………Respondents

APPLICATION UNDER ORDER XXXIII RULE 6 OF THE

SUPREME COURT RULES 1980 FOR IMPLEADING THE
INTERVENER AS PARTY IN THE ABOVE PROCEEDINGS

Respectfully Sheweth:
 This is an application for impleading the applicant /
intervener and she may be impleaded as party in the above captioned
proceedings, which have arisen out of the following facts and
grounds:-
1. That the Applicant/Intervener is residing at above mentioned
address and is peace loving and law abiding citizen and
believes in supremacy of law. This Hon’ble Court has passed an
order dated: 24.11.2021 and directed the authorities to remove
all kinds of illegal activities and encroachments from Public
plots and amenity plots. (Certified copy of order dated
24.11.2021 passed by this Hon’ble Court is attached herewith
and marked as Annexure “A”)

2. That the Applicant / Intervener has been working against the

land mafia of Norwegian School (which is also known as
German School), which is situated in Sector 16, Orangi Town,
Karachi since 2016. This school has been closed since past more
than 25 years. (Copy of approved lay-out plan is attached
herewith and marked as Annexure “B”)

3. That the Plot No.1, measuring 61057 square yards, Sector 16,
Sheet No.3, situated at Orangi Town, Karachi has been
earmarked for school, Football and Hockey Ground for
Children where Norwegian School running since 1974, known
as German School Campus 2 under the management of Medical
and Vocational Endowment Trust and thousands of children of
Orangi Town get Education and Vocational Training from this
institute. Campus No.01 of the said Norwegian (German)
School is situated at Fareed Colony, Section 11 ½ Block-2,
Orangi Town, Karachi. (Relevant photographs are attached
herewith and marked as Annexures “C” to “C/___”)

4. That just opposite to the above mentioned plot and across the
road, there is another plot bearing ST No.390, measuring 9968
square yards, sector No.16, Sheet No.2, Orangi Town, Karachi
which has been shown as Norwegian Technical Institute.

5. That the approved Lay out plan shows those plot under the
caption of the Norwegian School and Norwegian Technical
 Institute. That approved lay out plan has those plots under the
caption of Norwegian school Campus No.1 and 2 and
Norwegian Technical Institute, including Football and Hockey
ground for the School children.

6. That land grabbers and encroachers have started encroachment

by illegally converting the said plot by carving our residential
plots of 120 sq. yards each in the said ST Plot No.390, Sheet
No.3, Sector 16, Block-I, the land grabbers have also carved out
plot of 600 Sq. Yards from Plot No.01, Sheet No.3, Sector 16,
Gulshan-e-Bahar Karachi. These encroachers have also illegally
and unlawfully obtained lease of the plots with the help and
assistance of official Respondents.

7. That the encroachers have been violating the approved lay out
plan of the locality encroaching upon the amenity plots
reserved for education purposes by carving out the said two
illegally and unlawfully. They are also changing the uses of
plot from amenity to residential in grass violation of law and
the judgments passed by this Hon’ble Court and also have
prepared dummy layout plan which is not approved by the
committee of the Katchi-Abadies and has also not been
approved by way of any resolution of KMC Council as per
mandatory requirement of law.

8. That the respondents are involved in misusing their powers

besides exercising the powers which have not been delegated to
them thereby violating the approved layout of plan of the
locality encroaching upon the amenity plot reserved for
education purposes by carrying out both the above mentioned
plots of the town and deriving undue benefits in utter
disregard to and gross violation of the law and the judgments
of this Hon’ble Court.

9. That according to policies, rules and regulations of Katchi

Abadi, only those plots are to be regularized which are under
occupation of Katchi Abadi and are held without regular title
and unplanned manner. However the plots leased out, illegally
by the respondents, are part of said amenity plot which is
 reserved for specific purpose as stated in the preceding
paragraphs.

10. That the Hon’ble High Court of Sindh as well Hon’ble Supreme
Court of Pakistan in its various judgments have already
directed the Government officials to remove all kind of illegal
encroachments in Karachi whether in the shape of occupied
land on drain rivers or upon amenity plots meant for public
property.

11. That to establish, protect and maintain and manage the public
places is the responsibility of executive functionaries and the
persons holding public offices and their failures in performing
their duties is omission on their part.

12. That in violation of orders of this Hon’ble Court quoted above

as well as orders of Hon’ble High Court of Sindh passed in
Constitutional Petition No.2515/2017, which has attained total
sanctity from the court of law amounts to a serious commission
of offence of contempt of court and the respondents have
purposely committed such offence in flagrant violation of the
Court’s order. (Copy of order dated passed by the Hon’ble
High Court of Sindh is attached herewith and marked as
Annexure “D”)

13. That the applicant, for redressal of her grievance as well for
compliance of orders of the Hon’ble High Court of Sindh, has
moved several application to different forums, however all
went in vain, therefore applicant approached this Hon’ble
Court. (Copy of applications moved by the Applicant are
attached herewith and marked as Annexure “E” to “E/___”)

14. That in the circumstances, the applicant/intervener may be

considered as necessary party to the above case, as her
fundamental rights as envisaged and guaranteed through the
Constitution of Islamic Republic of Pakistan, 1973 are being
affected by the order of this Hon’ble Court.
15. That under the circumstances, the applicant/intervener may be
ordered to be impleaded as party in the matter, so as to enable
her to plead / purse her case.

16. That the right and entitle of the applicant as well as of Public at
large is being disregarded and violated against the norms of
justice.

17. That the applicant is entitled to equal rights provided by the

Constitution of Islamic Republic of Pakistan.

18. That it is a matter of interpretation of order of this Hon’ble

Court, which only this Hon’ble Court is competent for, as such
the applicant having no other forum for redressal of her
grievance.

19. That along with the applicant the rights of many other persons
from general public will be affected.

20. That the applicant craves leave to agitate further grounds at the
time of hearing, with kind permission of this Hon’ble Court.

PRAYER
It is most respectfully prayed that this Hon’ble Court may

graciously be pleased to allow the Applicant / Intervener to process

the case according to law and direct the respondents to take legal

action and remove the illegal encroachments from the land allotted

for Norwegian (German) School, situated at Section 16, Orangi Town,

Karachi, in the larger interest of justice.

Any other appropriate orders, which this Hon’ble Court deem

fit in the circumstances of the case may be passed.

Karachi,
Dated: -12-2021 APPLICANT IN PERSON
 IN THE SUPREME COURT OF PAKISTAN
(Original Jurisdiction)

Civil Misc. Application No. of 2021

In
Constitution Petition No. 09 of 2010

Naureen Nazli……………………………..………………....Applicant

VERSUS

Province of Sindh & others………………………………Respondents

AFFIDAVIT OF FACTS
I, Mst. Naureen Nazli D/o Mukhtar Ahmed Muslim, adult,
R/o House No.287-A, Street No.3, Sir Syed Colony, Block-14-I, Allah
Waris Stop, Orangi Town, Karachi, do here by state on oath as
under:-
1. That I am the Applicant in the above matter hence fully
conversant with the all facts of case.

2. That the averments of facts made in the accompanying Petition

are true to the best of my knowledge and same are based on
record of the case.

3. That whatever stated above is true and correct to the best of my

knowledge and belief.

Sworn by me at Karachi on this ____ day of December, 2021.

Karachi DEPONENT
Dated: -12-2021
 IN THE SUPREME COURT OF PAKISTAN
(Original Jurisdiction)

Civil Misc. Application No. of 2021

In
Constitution Petition No. 09 of 2010

Naureen Nazli……………………………..………………....Applicant

VERSUS

Province of Sindh & others………………………………Respondents

AFFIDAVIT OF SERVICE
I, Mst. Naureen Nazli D/o Mukhtar Ahmed Muslim, adult, R/o
House No.287-A, Street No.3, Sir Syed Colony, Block-14-I, Allah
Waris Stop, Orangi Town, Karachi, do here by state on oath as
under:-
1. That I am the Applicant in the above matter hence fully
conversant with the all facts of case.

2. That I have served the notices of the main Application for

intervener, to the respondents mentioned therein. (Copy
enclosed)

3. That whatever stated above is true and correct to the best of my

knowledge and belief.

Sworn by me at Karachi on this ___ day of December, 2021.

Karachi DEPONENT
Dated: -12-2021
 IN THE SUPREME COURT OF PAKISTAN
(Original Jurisdiction)

Civil Misc. Application No. of 2021

In
Constitution Petition No. 09 of 2010

Naureen Nazli……………………………..………………....Applicant

VERSUS

Province of Sindh & others………………………………Respondents

UNDERTAKING

I, Mst. Naureen Nazli D/o Mukhtar Ahmed Muslim, adult,

R/o House No.287-A, Street No.3, Sir Syed Colony, Block-14-I, Allah
Waris Stop, Orangi Town, Karachi, do here by undertake that I will
appear in person in the above said Application for Intervener, on
each and every date of hearing and whenever desired by this Hon’ble
Court.

Karachi,
Dated: -12-2021 APPLICANT IN PERSON
 IN THE SUPREME COURT OF PAKISTAN
(Original Jurisdiction)

Civil Misc. Application No. of 2021

In
Constitution Petition No. 09 of 2010
Noreen Nazli D/o Mukhtar Ahmed………………..………Intervener
VERSUS

Government of Sindh & others………………………….Respondents

NOTICE
To,
(The Respondents No. 01 to 09)

1. The Province of Sindh through Chief Secretary,

Government of Sindh, Karachi

2. The Commissioner,
Karachi Division

3. The Deputy Commissioner

Karachi West

4. The Administrator
Karachi

5. The Projector Director

Orangi Town, Karachi

6. The Senior Director Anti-Encroachment,

KMC Karachi,
Having office at Old KMC Building,
M.A. Jinnah Road, Karachi

7. The Assistant Commissioner Revenue,

Karachi West

8. The Station House Officer

Police Station Pakistan Bazar, Karachi

Subject: Notice

You are hereby informed that the undersigned is filing an application

under Order XXXIII Rule 6 of the Supreme Court Rules, 1980 in Constitution
Petition No.9 of 2010 before the Hon’ble Supreme Court of Pakistan at Karachi.

Karachi Noreen Nazli

Dated: 15.12.2021 Applicant / Intervener In person