IN SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
 
PRESENT: 
MR. JUSTICE UMAR ATA BANDIAL, HCJ  
MR. JUSTICE IJAZ UL AHSAN  
MR. JUSTICE JAMAL KHAN MANDOKHAIL 
 
 
C.M.A.7139/2019 
in 
Const.P.2/2011, 
C.R.P.494/2019 
in 
Const.P.2/2011, 
C.M.A.7894/2019 in C.R.P.NIL/2019 in Const.P.2/2011, C.M.A.7897/2019 in 
C.R.P.NIL/2019 
in 
Const.P.2/2011, 
C.M.A.8322/2019 
in 
C.M.A.7897/2019, 
C.M.A.8251/2019 in C.R.P.NIL/2019 in Const.P.2/2011, C.M.A.11484/2021 IN 
C.M.A.7139/2019 IN Const.P.2/2011, C.M.A.13353/2021 IN C.M.A.7139/2019 IN 
Const.P.2/2011, 
C.M.A.865/2022 
IN 
C.M.A.7139/2019 
IN 
Const.P.2/2011, 
C.P.1233-L/2015, C.P.665-L/2020, C.P.38-P/2019, C.P.39-P/2019, C.P.41-P/2019, 
C.P.190/2019, C.P.208-Q/2022, C.M.A.1124-K/2021 in C.R.P.Nill-K/2021 in 
C.M.A.277-K/2021 in C.R.P.Nill-K/2021 in C.M.A.898-K/2021, C.M.A.1110-K/2021, 
C.M.A.541-K/2020, C.M.A.630-K/2020, C.M.A.898-K/2020, C.P.420-K/2022. 
 
MATTER REGARDING IMPLEMENTATION 
OF THE ORDER OF THIS COURT DATED 
28.6.2019 
In C.M.A.7139/2019 in Const.P.2/2011 
 
 
Mainland Husnain Pakistan Limited v. Ishaq 
Khan Khakwani and others 
In C.R.P.494/2019 in Const.P.2/2011 
 
 
Hassan Naseem v. Ishaq Khan Khakwani 
and others 
In C.M.A.7894/2019 in C.R.P.NIL/2019 in 
Const.P.2/2011 
 
 
 
Lt. General(R) Saeed uz Zafar & others v. 
Ishaq Khan Khakwani and others 
In C.M.A.7897/2019 in C.R.P.NIL/2019 in 
Const.P.2/2011 
 
 
 
Lt. General (R) Saeed uz Zafar & others v. 
Ishaq Khan Khakwani and others 
In C.M.A.8322/2019 in C.M.A.7897/2019 
 
 
Waqar Yazdani Butt & others v. Ishaq Khan 
Khakwani and others 
In C.M.A.8251/2019 in C.R.P.NIL/2019 in 
Const.P.2/2011 
 
 
 
Letter of A.F. Ferguson & Co v. 
In C.M.A.11484/2021 IN C.M.A.7139/2019 IN 
Const.P.2/2011 
 
 
 
MATTER REGARDING IMPLEMENTATION 
OF THE ORDER OF THIS COURT DATED 
28.6.2019 v. 
In C.M.A.13353/2021 IN C.M.A.7139/2019 IN 
Const.P.2/2011 
 
 
 
MATTER REGARDING IMPLEMENTATION 
OF THE ORDER OF THIS COURT DATED 
28.6.2019 v. 
In C.M.A.865/2022 IN C.M.A.7139/2019 IN 
Const.P.2/2011 
 
 
 
Syed 
Muhammad 
Munfarid 
Rizvi 
v. 
Federation 
of 
Pakistan 
through 
Secretary/Chairman Ministry of Railways 
Government of Pakistan Islamabad, etc 
In C.P.1233-L/2015 
C.M.A.7139/2019 in Const.P.2/2011, etc 
- 2 - 
 
 
 
 
 
Pakistan Railways through its Chairman, 
Pakistan 
Railways, 
Islamabad, 
etc. 
v. 
Ghulam Sarwar 
In C.P.665-L/2020 
 
 
Syed Azhar Ali Shah v. Govt of Pakistan 
through Ministry of Railway, Pakistan & 
others 
In C.P.38-P/2019 
 
 
Mohsin Zafar v. Govt of Pakistan through 
Ministry of Railway, Pakistan & others 
In C.P.39-P/2019 
 
 
Mansoor Rehman v. Govt of Pakistan 
through Ministry of Railway, Pakistan & 
others 
In C.P.41-P/2019 
 
 
Mansoor Rehman v. Government of Pakistan 
thr. M/o Railways, Pakistan & others 
C.P.190/2019 
 
 
Ghulam 
Nabi 
v. 
Pakistan 
Railways 
Employees 
Cooperative 
Society(PRECHS) 
Quetta and others 
C.P.208-Q/2022 
 
 
Federation 
of 
Pakistan 
through 
Secretary/Chairman 
Railways 
v. 
M/s. 
Karachi 
Town 
Builders 
(Regarding 
encroachment over Pakistan Railway Land & 
revival of KCR) (Tejori Heights/Tower) 
In C.M.A.1124-K/2021 in C.R.P.Nill-K/2021 in 
C.M.A.277-K/2021 
in 
C.R.P.Nill-K/2021 
in 
C.M.A.898-K'2021 
 
 
Application 
on 
behalf 
of 
Divisional 
Superintendent 
thr. 
Deputy 
Director 
Railways against M/s Labaik CNG Station 
Hyderabad & others v. (Matter regarding 
encroachment 
over 
Railway's 
Land 
at 
Hyderabad) 
In C.M.A.1110-K/2021 
 
 
Muhammad Ahmed Khan & others v. 
Federation of Pakistan & others (Matter 
regarding Pakistan railway employees co-
operative Housing Society) 
In C.M.A.541-K/2020 
 
 
Pakistan Railway Employees Co-operative 
Housing Society Limited. v. Federation of 
Pakistan & others. (The matter pertains to 
encroachment over Railway Land on account 
of Railway Co-operative Housing Society 
In C.M.A.630-K/2020 
 
 
Pakistan 
Railways 
through 
Divisional 
Superintendent v. Federation of Pakistan & 
others 
(Regarding 
Encroachment 
over 
Pakistan Railway Land & Revival of KCR 
C.M.A.898-K/2020 
 
 
Doctor Moinuddin v. Federation of Pakistan 
through Chairman Pakistan Railways & 
others 
C.P.420-K/2022 
 
 
 
Applicant)s)/Petitioner(s) 
Respondent(s) 
C.M.A.7139/2019 in Const.P.2/2011, etc 
- 3 - 
 
 
 
IN ATTENDANCE: 
Mr. Rashdeen Nawaz Kasuri, Addl. AG 
Ch. Aamir Rehman. Addl. AG 
Barrister Zafrullah Khan, ASC 
Mr. Sattar Awan, Spl. Prosecutor  
Iffat Farooq, DG Audit Railways 
Mr. Kashif Farooq, AO 
Mr. Zafar Zaman, Sec. Railways  
Mr. Salman Sadiq Sh. CEO 
Mr. Arshad Salam Khattak, Sec. Railways  
Mr. Javed Mehmood Pasha, ASC 
Raja Qasit Nawaz Khan, ASC (Via video link from Karachi) 
Mr. M. Ramzan (MHPL) (V.L. Lah.) 
Mr. Pervaiz Qureshi (MHPL) 
Mr. Khurram Akbar Khan (AF Ferguson)  
Mr. Salman Kazmi, LA (Railways) 
Imran Shaukat, Royal Palm Golf & Country Club 
Mr. Munir A. Malik, ASC (Via video link from Karachi) 
 Mr. Qasim Mirjat, AOR 
 Ch. Muhammad Hussain, ASC 
 Mr. Faisal Siddiqui, ASC 
 Mr. Ghulam Nabi, In person(Via video link from Quetta) 
 Zulfiqar Memon, Dy. Chief Planning  
 
 
 
Date of Hearing  
26.01.2023 
 
O R D E R 
 
 
UMAR ATA BANDIAL, CJ,-.  
 
C.M.A.1124-K/2021 
in 
C.R.P.Nill-K/2021 
in 
C.M.A.277-K/2021 
in 
C.R.P.Nill-K/2021 in C.M.A.898-K/2021: 
 
 
 
 
The learned Additional Attorney General for Pakistan 
and Barrister Zafarullah Khan, ASC have assisted the Court on the 
business plan submitted pursuant to our last order dated 
09.01.2023. The point of importance that has been emphasized 
C.M.A.7139/2019 in Const.P.2/2011, etc 
- 4 - 
 
 
 
before us is that the Railways Organisation in Pakistan owns and 
controls 169,128 acres of land, out of which 126,426 acres are 
being utilized for its operational purposes, 16,742 acres are 
earmarked for future expansion, 9,985 acres have been identified 
to be under un-authorized possession of the encroachers. Out of 
the remaining 10,750 acres has been leased out for a number of 
purposes which generate some revenue for the Railways 
Organization. It appears that there is an area of some 6,000 acres 
of land that is under the ownership and control of the Railways 
Organization but is not described in the business plan. The 
submission before us today is that such a huge tract of land 
requires management and protection from encroachment apart 
from utilization of its potential for generating revenue for the 
benefit of the Organization and hence the State. Ambitious targets 
have been disclosed for the commercialization of such land with 
which we are not concerned presently for that we have no expertise 
to judge or determine the viability of such proposals. However, it is 
clear to us that without change in the nature of the land, its use 
for different purposes without causing harm to the land or the 
public interest, utilization can be made and revenue be generated 
for the benefit of the Railways Organization and hence the 
exchequer. Insofar as the developmental proposals are concerned, 
the Railways Organization must have legal backing for undertaking 
such ventures in a form that is authorized by law. As far as the 
utilization of the land without change of its nature is concerned, 
we are informed that two orders were passed by this Court. One 
such order was passed on 04.01.2019 in Crl.O.P.120/2016 
C.M.A.7139/2019 in Const.P.2/2011, etc 
- 5 - 
 
 
 
(Pakistan Railways through Secy/Chairperson Railways v. Capt. (R) 
Zahid Saeed & others), allowing the land in the occupation and 
control of Pakistan Railways to be leased for a period not more 
than five years and subject to any determination of title to such 
land in favour of the Federation or the Province. Subsequently, in 
view of the proceedings taken up at Karachi in respect of urban 
land in the occupation and control of the Railways Authority, there 
is an order passed by this Court dated 14.06.2021 in CMAs 
No.277-K and 278/2021 IN CRP No.Nill-K/2021 IN CMA No.898-
K/2020 in Const.P.09/2010 reported as Naimatullah Khan 
Advocate and others v. Federation of Pakistan and others (2022 
SCMR 105). That order directs “that no Railways’ land shall be 
sold by the Pakistan Railways or transferred, leased or allowed to 
be occupied by any person and shall be used only for Railways’ 
operation purposes”. It is the latter order by which the Railways 
Organization is aggrieved because it put an end to the use of open 
Railways land inter alia to protect the same from encroachers and 
unauthorized occupants. In addition, there is potential for such 
land to generate revenue for the Railways Organization which is 
beneficial for lessening the burden on the exchequer. Barrister 
Zafarullah Khan, learned ASC has submitted that insofar as the 
more developed schemes or proposals for utilization of Railways 
land is concerned, the Ministry should, in the first place, frame a 
policy for approval of the Cabinet and thereafter to frame laws 
whether rules or statutes with the approval of Parliament to 
support any schemes envisaging the development of land sites by 
the Railways Organization on its own or in collaboration with 
C.M.A.7139/2019 in Const.P.2/2011, etc 
- 6 - 
 
 
 
interested entrepreneurs. Having heard the learned Addl. Attorney 
General and the learned counsel for the Railways Organization, we 
consider that protection of Railways’ land against encroachers and 
its utilization without changing the nature of the land are 
beneficial acts which do not harm any existing or claimed interest 
therein. Such utilization would generate revenue for the Railways 
Organization and would also clear up the area where such un-
utilized land may be put to use by third party interests without 
regard to the environment or generation of local employment. 
During discussion it emerges that another aspect of land 
utilization in the public interest is for public works initiated by the 
Railways Organization or by other Government bodies. Such 
utilization by a Government body for public use and benefit is a 
purpose that is supported by the law. Accordingly, in addition to 
the grant of leases up to five years as envisaged in our order dated 
04.01.2019, for the purpose of utilization of land without changing 
the nature thereof, it would be beneficial also if such land that is 
required for public purpose is allowed to be used by the Railways 
Organization on such terms as it deems fit and proper. With 
respect to the remaining uses that is disclosed in the latter 
business plan, the Railways Organization should approach the 
Federal Government and, if necessary, the Parliament for 
authorizing the same pursuant to a lawful regulatory regime.  
 
2. 
 
A number of connected matters have been fixed for 
hearing which our order does not touch presently. The learned 
Addl. Attorney General shall prepare a list of these cases and 
C.M.A.7139/2019 in Const.P.2/2011, etc 
- 7 - 
 
 
 
propose the manner in which the same should be heard by the 
Court.  
 
Civil Petition No.208-Q/2022: 
3. 
 
Notice. 
 
Royal Palm Golf & Country Club, Lahore: 
4. 
 
Learned counsel for Pakistan Railways, assisted by 
experts from M/s A.F. Ferguson & Co., informed us that the 
technical evaluation report has been prepared and submitted to the 
Railways Authorities. This is subject to comment by the latter. In 
any 
event, 
the 
evaluation, 
once 
approved, 
will 
result 
in 
prequalification of bidders followed by a grievance procedure and 
thereafter the opening of the financial bids of prequalified bidders. It 
is stated that the entire process would conclude by the end of 
February, 2023. Insofar as the auditing exercise of the accounts is 
concerned, the same is in progress and we are informed that the 
entire audit period during which the Club was in the control of the 
MHPL shall be completed by the end of March, 2023. 
 
5. 
 
Learned Addl. Attorney General informs that Rupees 
95 million were to be recovered by the Railways Organization from 
Mr. Asif Shah and Mr. Muhammad Shahrukh Khan. Out of that 
amount Rs.10.318 million has been deposited while the balance 
amount is due. 
 
6. 
 
Time had been granted to the said persons to file a 
reply which has not been done. Let the same be done which would 
C.M.A.7139/2019 in Const.P.2/2011, etc 
- 8 - 
 
 
 
also reflect their plea taken in respect of claim of Rs.95 million by 
the Railways organization.  
 
  
 
Relist, in the middle of March, 2023.   
 
 
 
Chief Justice  
 
 
Judge 
 
Islamabad  
26.1.2023 
Sarfraz */ 
Judge 
 
