Professional Documents
Culture Documents
Karachi Land Managment
Karachi Land Managment
Karachi Land Managment
• One of the five districts of Karachi named Malir was rural, consisting of
goths (villages) and their pasturelands.
• This subsequently became part of three of the new towns created under
the Sindh Local Government Ordinance 2001 (SLGO) (Gadap,
Keamari and Bin Qasim), opening up a large, previously rural area
to urban development.
• The SLGO was suspended in 2009 and the old five-district system was
reinstated. However, the once rural district did not revert to its former
status, and villages are now being transformed into urban settlements
through the Goth abad Scheme.
• Chances of irregular documentary base are there in areas being
converted into Urban from Agricultural.
URBANIZATION LAWS
• As per various studies more than 50 % of Karachi population lives in
Kachi Abadis.
• Mostly area od Malir and Lyari fall under this, however the recent past
has seen expanding frontiers on Sohrab Goth, Nia Nazim abad,
Northern Bypass as well.
• Following laws mostly apply on conversion of land from Agriculture
to Urban
• Sindh Kachi Abadi Act 1987
• The Sindh Goth Abad (Housing Scheme Act) 1987
• Colonization of Government Lands Act 1912 with BOR notifications
KACHI ABADI ACT 1987
GRANT OF LEASE
• It shall apply to all the Dehs in the province which are declared by Government to be the “rural
areas” for the purpose of this act.
• “Allotee” means the deserving person who has been allotted land under this Act and deserving
person” means a person residing in the area notified by the Government as rural areas who is in
genuine need of residential accommodation in a village.
• “Grant” means the grant of the proprietary rights in land.
• The Authority may allot not exceeding two Ghuntas (242 Sq Yards) for construction of a house
to a deserving person in the Dehs in which he ordinarily resides free of cost in such manner and
on such terms and conditions as may be prescribed.
• However this limit will not apply to Asaish (land adjacent to a village and reserved for grazing
and other common use of the village community) where he has”already” constructed his house.
• The proprietary rights in respect of the land allotted under section 3 shall be conferred on the
allotee by a grant in the form and in the manner and on the terms and conditions as may be
prescribed
• The Grant of Allotment can be cancelled subject to breach of certain conditions.
Sindh Gothabad (Housing Scheme) Rules, 2008
• The open state land shall be allotted under the Act in the shape of plots and not exceeding two ghuntas with
separate numbers:
• Provided that the aforesaid limit shall not apply to the land or Asaish whereupon a deserving person has built
a house before the coming into force of the Act with a view to make up permanent residence in the existing
villages.
• A deed of conveyance conferring proprietary rights shall then be executed, stamped and registered at the
cost of allottee which shall be termed as land grant document. On the basis of this deed an entry shall be
made in Village Form-II.
• Allottee of an open plot shall construct the House within period of three years from the date of issuance
of Sanad:
• Provided that the period of three years may from time to time be extended by the District Officer (Revenue).
• (3) The plot shall be non-transferable for a period of ten years and the allotment and grant shall be
deemed to be held on restricted tenure and right title and interest of Grantee shall not be transferred
or changed by any sale, gift, sub-lease or otherwise except the foti khata badal in favour of legal
heirs of deceased Grantee, with the prior permission of the District Officer (Revenue) of the
concerned strict or on attachment by the Bank or Financial Institution for the recovery of the loan:
• Provided that the Grantee may mortgage his lot or house, as the case may be, for obtaining loan
from the House Building Finance Corporation or any Bank or Financial Institution.
• No amalgamation of plot shall be permitted without prior permission of the Competent Authority.
• (5) The Grantee shall not remove Sands, Murmar, Bajri, Stones or any mineral from the area under
the allotment or grant, as the case may be.
• 7. Documents.- (1) The following documents shall be prepared and treated as part of the record of Sindh Gothabad and the record of rights
under section 39(d) of the Sindh Land Revenue Act, 1967:-
• (a) “Survey Register” in the prescribed form attached herewith as appendix-1, which shall be prepare for each village on the site indicating
the number of plots and houses, boundaries and area there-under and each entry shall be duly authenticated by the Mukhtiarkar Gothabad.
• (b) “Map” shall be prepared for the village on farrow print papers, indicating the number of houses or plots in each village duly verified by
the Mukhtiarkar Gothabad, including the streets and amenities on a prescribed scale.
• (c) “Village Form-II” shall be prepared by the Tapedar by filing all relevant columns with signature on each entry which shall be verified by
the Supervising Tapedar and authenticated by the Mukhtiarkar Gothabad and the Deputy District Officer (Revenue).
• (d) All Grantee shall execute a separate agreement with regards to terms and conditions of allotment or grant in the prescribed form in
Appendix-II:
• Provided that the Registrar i.e. Survey Register and Village Form-II shall be given proper page numbers and office stamp, followed by a
certificate of the Mukhtiarkar Gothabad on the last page of each register showing the total number of houses or plots, total number of
amenity plots, alongwith area under possession.
IMPACT OF GOTH ABAD SCHEME
• According to records maintained by the Provincial Assembly of Sindh,
a survey of villages in and around Karachi conducted in 1989-1990
recorded 808 villages. Some 458 of these villages were regularized,
with ownership titles issued by various government agencies to 51,421
individual households or clans.
• Since 2002 to 2013, 2,173 villages were regularized and converted to
Urban. It is not clear how many are genuine rural areas used for
agricultural purposes, and how many have been informally created and
promoted in order to benefit from the current regularization scheme.
THE COLONIZATION OF GOVERNMENT LANDS ACT, 1912
(GRANT OF TENANCY THROUGH PREPUTIAL RIGHTS- FREEHOLD)
• This Act was adopted to make better provision for the colonization and administration of
Government lands in Sind. These lands were colonies around villages where settlements were
made for the convenience of villages. The occupants were called tenants till complete payment
in case of purchase from government, as this type of land was given upon certain conditions eg;
not to sow rice on land in certain area or
• The Board of Revenue subject to the general approval of the Government may grant land in a
colony to any person on such conditions as it thinks fit.
• The grant of any tenancy under this Act shall be deemed to be transfer of a land within the
meaning of the Government Grants Act, 1895 which states that Transfer of Property Act 1882
does not apply on grants by Government and Government can grant any right for any tenure.
• Transfer of rights through mortgage, gift, sale are void without the permission of BOR.
Succession of land is allowed.
• As per BOR notifications of 1980, only for Kabuli Land the transfer of rights are allowed
without the permission of BOR. Kabuli lands are allotted under this act for specific purposes.
However later after partitioning in especially after 1980 BOR notification the use of Kabuli land
was opened for any purpose.
PROPERTIES OF KDA
• KDA became responsible for land developments while KMC was put in charge of
maintaining developed land in urban areas of the city.
• Land was subsequently transferred from the BoR to KDA for development purposes.
KDA acquired land from BoR in limited sections, and that the four initial schemes
accounted for less than 100 hectares of land. Land allocations increased in the 1960s
as the demand for land grew
• KDA now have the lion’s share of land in the city and a mandate to develop any land
that was transferred to it, but not land possessed by federal agencies such as the
cantonments, railways and KPT, or provincial land already owned or utilised by the
government and its agencies.
• Following devolution and the ordinance of 2001, KDA was merged into City District
Government Karachi (CDGK) which became the development and maintenance
authority for Karachi, acting in parallel with other landowning stakeholders
PROPERTIES OF KDA
PRECAUTIONS FOR DOCUMENTATION
• For KDA schemes the allotment of leasehold rights are made and then a sale
(conveyance) deed is executed.
• Many private housing schemes are prepared in KDA schemes having rights of
leasehold.
• For MDA and LDA related properties care has to be exercised whether the
land has been duly converted into urban through requirements mentioned in
Goth Abad Act.
• For regularized Kachi Abadis in any of the Town of Karachi, care has to be
exercised if the land is duly regularized as per procedure.
• In case the land was held as Freehold/absolute ownership (Form VII) the legal
conversion into Form II has to be verified. In case an Individual or Builder
grants private leasehold rights, they cannot be transferred by way of
inheritance unless succession clause is mentioned therein.
DOCUMENTS USED IN KARACHI
Title Documents
A. Free hold properties (Rural Areas): D. Cooperative Housing Society/ Industrial
1. Ownership Certificate duly issued by the Taluka Estates:
Mukhtiarkar or Sanad (L-20) 1. Allotment letter
2. Deh Form-VII/Mutation 2. Share Certificate
3. Deh Form-II /Mutation 3. Lease Deed
4. Aks Shajra/site plan 4. Extract of the Property
B. Free Hold Property (Urban Areas): OTHER DOCUMENTS
5. P.T.O./P.T.D/Sale Deed/Gift Deed 1. N.E.C. (Search Certificate) from the date of
6. City Survey Extract/Deh Form-II (Mutation) execution of lease deed
7. Statement issued by the Legal Heirs along with copy 2. Approved Building Plan with approval
of statement from City Survey in cases of inheritence letter from SBCA
C. Lease Hold Property: 3. Approved Site/lay out Plan from
8. Lease Deed/Sub-Lease Deed/Sale Deed/Gift Deed KDA/MDA/LDA
9. Deh Form-II (Mutation) (in case of Gothabad scheme 4. Clearance Certificate from MEO (in case of
MDA/LDA) Cantt)
10. Allotment order in case of Gothabad schems, Katchi 5. Approved Building plan from MEO/DHA
Abadi schemes in case of Cantt/ DHA Properties
D. Cantonment Areas: 6. Permission to Mortgage/Sale ( in lease or in
1. Lease Deed allotment where first document does not
2. Extract of the Property grant right)
3. Search Certificate
VILLAGE FORM II
(Used for Agricultural Lands Converted into Urban/ or Urban Lands in small cities or Towns)
KARACHI KDA-FORM 2
VILLAGE FORM VII
SINDH-VILLAGE FORM VIII-A
(Used to verify exact holding of owner as being reflected in Form VII of Agricultural Land)
`MUTATION PROCESS-AGRICULTURAL LANDS
ROAZNAMCHA
WAQIATI
IN SINDH
VILLAGE FORM XI
DOCUMENT REGISTER DAKHIL
NARRATING KARIJ
TRANSFER OF ( MUTATION
INTEREST( SALE REGISTER)
DEED/
MORTGAGE IN SINDH (FORM
DEED ) VIII A & B)
ABSTRACT
FROM KACHERI
RAGISTER
HAQDARAN (JALSA-E-AAM)
ZAMEEEN
RECORDS OF
RIGHTS
REGISTER
HAQDARAN -E-
ZAMEEN
MEMO OF MUTATION-SINDH
SHAMLAT & ASAISH
• Shamlat is the concept available in Punjab, Federal
Capital and part of KPK whereas in Sindh and part of
Baluchistan the ئterm used for simmiliar type of use is
“ASAISH”آسا ی ش
• Section 2 (1) (c) of The Sind Goth Abad (Housing
Scheme) Act 1987 states, “Asaish” means the land
adjacent to a village and reserved for grazing and other
common use of the village community;
SINDH LAND REVENUE RULES 1968
Sindh-Forms
Sindh-Forms