1

Syndicate Research Report By Syndicate Group # 6

Katchi Abadies / Encroachments Issues connected with regularization of Encroachment Over State Land / especially Railway Land A case study of Lahore District

Group Members:
Mr. Fazal Akbar Ms. Sadia Ali (Leader)

(Deputy Leader)

Mr. Mohammad Naeem Mr. Waheed Asghar

DMG Campus, Civil Services Academy Mall Road Lahore

2 Thesis Statement:

A thorough investigation into various encroachments made by people over states land especially Railways Land in Lahore District and issues involved in the regularization of encroachments
OUTLINE

1) Introduction A. State Land B. Encroachment 1. Types of Encroachment i. Major Encroachments a. b. c. Residential Encroachments Commercial Encroachments Partially-Exempt Organizations

07 07 07 08 08 08 08 09 09 09 09 10 10 11 12 16 16 16 17 18 22 22 22 23

ii. Minor Encroachments iii. Licence to Occupy Encroachments 2. Implications (socio-economic, political) C. Katchi Abadis 1. Types of Katchi Abadis 2. Rationale of Katchi Abadis 2. Legal Background 3. Regularization of Katchi Abadis 1. Directorate General of Katchi Abadis Punjab a) Organisational Setup b) Functions c) Policies/Procedures d) Performance/Achievements 2. Directorate of Katchi Abadis, LDA a. Organisational setup b. Functions

c. Policies/Procedures d. Performance/Achievements 4. Katchi Abadis Management in Lahore 1. Historical Perspective i. Evolution 1947 onwards ii. Previous Structure iii. Previous Efforts Made for Removal of Encroachments

24 26 27 27 27 28 29

2. Present Structure A. Lahore Development Authority (LDA) I. II. Regulating the States Land Removal of Encroachments from States Land Custodian of States Land Role in Encroachments Removal

29 29 29 29 31 31 31 31 31 32

B. The District Government I. II.

C. Railways Authority i. ii. Regulating Authority Administration at the District Level

3. States Land Management : Performance Evaluation i. LDA policy/SOPs ii. District Governments Policy iii. Railway Authoritys Policy iv. Particular Examples of Existing Encroachments v. Action Taken/Decision Made against Encroachment

32 32 33 33 34 34

5. A Case Study 6. Issues Involved 7. Critical Analysis

35 41 48

8. Conclusion 9. Recommendations References & Literature Review

49 49

Executive Summary
In Pakistan, the issue of encroaching state land is prevailing since the inception of this country when there was an influx of refugees in 1947 coming from India in large number and there was no provision of housing for them so they occupied public land wherever they found it vacant. Thereafter, shelterless and poor people regularly occupied state land for the purposes of dwelling and, even after notices of eviction followed by some practical eviction steps by the concerned departments, these people didnt vacated such lands on the ground that they didnt have shelters and they need a home which is to be provided by the state. To provide shelter to such poor people, the Govt made a policy of granting them proprietary rights in these public lands which were occupied by them. This policy was effected through regularization of katchi abadis. Initially, the Punjab Govt interested the task of regularization of katchi abadis to Local Govt Department of the Punjab where a Section Officer under the Secretary of the department was authorised to act as the regularizing authority of katchi abadis and a cut-off date as 23rd March, 1985 was fixed for such regularization. Those katchi abadis were entitled to be regularized which were established before this date. This department worked upto the year 1987. In 1987, the Govt established the office of Director General Katchi Abadis Punjab and a proper law was enacted for this purpose known as the Punjab Katchi Abadis (Regularization & Development) Act, 1987. In 1992, this law was repealed by another law known as the Punjab Katchi Abadis Act, 1992 and the office of DG was converted into Director General (Katchi Abadis & Urban Improvement) Punjab thereby extending the function of the Directorate General to urban improvement. Now, this office is working as the regularizing authority of katchi abadis under the said law with another executing agency known as the Director Katchi Abadis LDA. The regularization process is such that it necessary for the office of DG (KA & UI) Punjab to first obtain non-objection certificate from the concerned department, to which the land in question belongs, and then to regularize katchi abadis. This process is hindered by various issues like non-issuance of NOCs by concerned departments, political involvement, official processing and formalities, involvement of land mafia, price adjustments and the reluctance of autonomous

bodies to regularization of katchi abadis existing on their lands. On the other hand, the removal of encroachments from public lands has also become very difficult due to various factors like political involvement, collusion of official of concerned departments/authorities with encroachers and the poor condition of people.

Literature Review
A scan of key literature was undertaken to perform analysis. This included National Legislations such as Punjab Katchi Abadi Act 1992, Punjab Land Revenue Act, 1967, Punjab LGO 2001, LDA Act 1975, The Punjab Autonomous Bodies Immovable Property ( ejectment of unauthorised occupants) Ordinance 1965, Pakistan Railways Police Act,1977, News Items from different News Papers of the country, publications Housing Issues In Urban Development Of Pakistan by Prof. Shabi Ul Hassan Zaidi, Urban Encroachment by IPIECA, these publications helped the researchers to understand the history, evolution and rationale behind the regularization of Katchi Abadis over state land. During the review process the concerned offices were contacted for the in depth exploration of the issues and understanding of information. As desk review cannot substitute for direct consultations and participation of all stake holders therefore various visit were planned to take their point of view before reaching to the conclusion. In this regard interviews of occupants at Katchi Abadis of Muzang, Shadra and Jamilabad were taken. Visits were paid to Railway Department, LESCO ( Lahore Electric Supply Company), WASA ( Water and Sanitation Agency), LDA ( Lahore Development Authority), and Directorate Katchi Abadis. The visits proved a source of direct and first hand information and helped the researchers to analyse the issue.

Research Methodology Used

In this research paper, the group has used descriptive and exploratory methodology. Studying the types of encroachment and katchi abadis and describing regularization of katchi abadis make our research descriptive while finding out the problems related to regularization of katchi abadis with special reference to Railways land in Lahore is the exploratory part of our research.

Moreover, the research also includes the detailed study of various tiers of Govt which deal with regularization of katchi abadis as well as removal of encroachment, either directly or indirectly.

Introduction
Encroachment over state land has become a major issue in Pakistan. These encroachments are on the rise day by day and have assumed many forms. The shopkeepers have a usual practice to keep their wares on the public roads which cause inconvenience to public traffic. Some encroachers use to raise illegal buildings/structures on public lands that are spared for parks and playgrounds. Sometimes these properties permanently vest in private individuals if these individuals have longstanding possession, thereby divesting the state of its ownership. One type of such encroachments is katchi abadis. Katchi abadis, if fulfil the minimum requirements as provided by law, are regularised by Govt in Punjab and thus the encroachment becomes regularised and assume a permanent structure. The dwellers then become owners of the state land by paying certain amount of sum fixed by the Govt as price of the land which is much lesser than the market value of the land.
A. State Land

The world state land or public land generally signifies a land owned by the Central Govt, Provincial Govt or any Local Govt. The Govt has all ownership rights in such land. Such land primarily belongs to public. The Govt has the right to dispose of or utilise such land in any manner as it thinks fit. In different countries/states such public land assumes different terminologies. For example in Canada, New Zealand and Australia which are commonwealth states, it is called crown land, in France, it is called domaine public, in United States, it is known as public domain or public land and in Pakistan, it is called public land or state land. B. Encroachment The term encroachment is a legal term. It is defined by different dictionaries differently. According to Webster dictionary, an encroachment means to enter, by gradual steps or by stealth, into the possession or right of another or to advance beyond the usual or proper limits or an intrusion upon another persons possession or right/infringement of rights. Blacks Law

Dictionary defines the term encroach as, To gain unlawfully upon the lands, property, or authority of another

1. Types of Encroachment

Encroachment is a general term and is of different types. For example political encroachment, legal encroachment, environmental encroachment, landed encroachment. As here we are concerned only with encroachments over land, so we will identify types of such encroachment. It is of the following three major types:
i. Major Encroachment

Major encroachment is that type of encroachment which has severe repercussions with respect to the title of the land. This is of permanent nature unless demolished. The raising of buildings over land is an example of such encroachment. This also includes other things attached to the building i.e. fire escapes, underground areas, steps, galleries, building walls, overhangs, porches etc. Major encroachment is further of the following three types:
a. Residential Encroachment

When any person occupies state land illegally and raises buildings there for the purpose of residing, it is called residential encroachment. It is a major encroachment because the consequences ensue against ownership of the land, are severe. These encroachments usually consist of major construction, walls, fences and/or other kinds of barriers or construction which encircles public land for the purpose of occupation and possession. It also includes the unutilized portion of public thoroughfare enjoined in residential building illegally.
b. Commercial Encroachment

When any person illegally occupies public land for the purpose of running a business, whether small or large, it is called commercial encroachment. These are usually made on the public roads or highways where customers can have easy access and can be attracted to sale and purchase bargaining. The Govt receives annual charge as well as the fee for inspection from the business owners in lieu of the land. Sometimes traders raise high commercial buildings which again create

problem as to the ownership rights in the land while sometimes they fix a small cabin to run a shop.

c. Partially-Exempt Organizations

When a public land is occupied illegally by an organization which, because of the services it provides, is of such a nature that it receives some partial exemption in fee from the Govt, it is called encroachment by partially-exempt organization. These organizations include mosques, charitable organizations, schools, not-for-profit religious charities like madrassas, union halls and the like organizations. The services provided by these organizations are for the public welfare and they are partially exempted from fee because of the provision of these services to the community.
ii. Minor Encroachment

This encroachment is usually of a slight nature and does not have as severe consequences as of the major encroachment in terms of the title of public land. This is sometimes ancillary to major encroachment and is a part of it. In other words we can also say that major encroachment can result in creation of minor encroachment also. This type of encroachment includes manholes, railway ties, exhaust vents, handrails, air conditioners, marquises, fences of straight lines, awnings, sewer connections, door opened in public way, flag poles, sign bases, banners, signs, landscaping, canopies, ramps, exterior lighting, poles, pylons and flags.
iii. License-to-Occupy Encroachment

When the Govt issues a license to a private person to occupy a portion of a public land and utilize it for some specific purpose as specified by the Govt, it is called a license-to-occupy encroachment. It is usually seen in public parks where small cafes are built with the permission of the Govt. in such a case, private individuals encroach upon public land but with the prior consent of the Govt. it also includes enclosures, front yard parking and boulevard parking etc.
2. Implications of Encroachments (Socio-Economic, Political)

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Encroachments have severe social, economic, political and environmental implications for the society. Whenever residential encroachments are made, whether in rural or urban areas, they result in increased population which has a direct impact on society. These encroachments are made by low income people who have poor sanitation condition and they throw their foul water and solid waste into the streets which are hazardous for the environment. It also has severe consequences for the Govt. With the increasing urban and rural encroachments, the pressure on the Govt increases and it then starts to save the public lands from encroachers. Such encroachments
result into undesired public exposure, added risks and increased costs for the Govt. C. Katchi Abadis

Katchi abadis are informal habitats which came into existence by way of squatting or subdivisions of public land and of a private land also. It is defined in the Punjab Katchi Abadis Act, 1992 as any area declared as katchi abadis under section 6 of that Act. Any area which was occupied unauthorizedly before the cut off date 31.12.2006 and continues to be so occupied having a cluster of at least 40 dwelling units on state land to be a Katchi Abadis. These consist of the poor or low income people and are called squatter camps. In katchi abadis, there are small houses made of mud or timber consisting of a very small number of rooms probably one or two. The highest age of katchi abadis is 30 years because of their unstable condition. These settlements are made on such lands the titles of which are mostly disputed. Synonymous to katchi abadis, there are other terms called slum and squatter settlement. Any area of a city which is occupied by people constructing sub-standard houses on it and which has no security for its tenure is known as a slum. A squatter settlement therefore, can be defined as a residential area, which had developed without legal claims to the land and/or permission from the concerned authorities to build, as a result of their illegal or semi-legal status, infrastructure and services and usually inadequate. There are essentially their defining characteristics that help us understand squatter settlement: the physical, the social and the legal with the reasons behind therein being interrelated.

1. Types of Katchi Abadis

There are main two types of katchi abadis which are discussed as following:

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i. Such abadis as were built at the time of partition of India by illegally occupying public land in an unorganized manner. A large number of these abadis was removed in the decade of 1960 or were given regularized status. ii. Such abadis which were on built on informally subdivided public land. This type of katchi abadis is of further two types: a. Katchi abadis which are publicly notified. The Govt gives land to dwellers of such abadis on lease for a period of 99 years where the infrastructure development activities are carried out by the local Govt; and b. Katchi abadis which are not publicly notified. They are not regularised because they are either built on such land which is needed by the Govt for development activities or they are built on a land which is unsafe for human dwelling. In the context of Lahore, these types can be further categorized into following two categories:
Old Katchi Abadis

These settlements came into being at the time of partition when a large number (about 600,000) of migrants came to Lahore from India. The second step was taken in the decade of 1950s when industrial revolution occurred. Being a newly born state, the Govt was not responsive to these people so they illegally occupied state lands wherever these were available to them. No land grabbers or brokers were engaged in these activities.
New Katchi Abadis

These settlements occurred in 1970 and after the downfall of Bangladesh (Dhaka). As a result, again people migrated to Lahore and illegally occupied state land because of the Govts inability to respond to the situation. But at this time, land professionals came in the field and occupied public lands for the purpose of sub-dividing, developing and selling to those migrants. Migrants purchased these lands from them with immediate possession.
2. Rationale for Emergence of Katchi Abadis

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These settlements are always made by poor and low income people who dont have shelter. There are some factors which are responsible for emergence of katchi abadis. The first is population explosion. Our population is increasing day by day at a faster rate and the growing number of people needs shelter for which they have no money to pay, so they occupy state land. The Govt is not able to provide jobs and shelter to the needy people which resulted into poor governance. Our cities are poorly planned. They dont have enough space to accommodate the growing urban population and to meet the needs of the day. The land owning agencies have no control over the lands. The state land is occupied by private individuals without any resistance on the part of Govt machinery. The formal systems of lands have also failed which resulted into the illegal occupation of state land by private persons.

2. Legal Background1 Every public sector in Pakistan is regulated by law. It is the law which sets the guidelines for a particular sector. Just like other areas, this sector is also regulated by law. Following are the laws governing katchi abadis and encroachments in Punjab: 1. The Punjab Katchi Abadis Act, 1992 2. The Punjab Land Revenue Act, 1967 3. The Punjab Local Govt Ordinance, 2001 4. The Lahore Development Authority Act, 1975 5. The [Punjab] Autonomous Bodies Immovable Property (Ejectment of Unauthorized Occupants) Ordinance, 1965 6. Pakistan Railways Police Act, 1977 These laws are discussed in the following paragraphs.
1. The Punjab Katchi Abadis Act, 1992

This law is a provincial law which deals with katchi abadis and their regularisation. Under section 3, there is a Director General of Katchi Abadis appointed by the Provincial Govt for carrying out the purposes of this Act. Section 4 of the Act confers a variety of powers and functions on the Director General ranging from implementation of Govt policies and laying

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down guidelines for such implementation to issuing directions with regard to survey lists, fixation of market price and all other matter concerning the regularization or development of katchi abadis. Under section 5, the provincial govt constitutes an Implementation Committee which consists of a chairman and such other members as the Govt may appoint. This committee assists the Govt or Director General in implementing their policies/plans. Section 6 of the Act gives the power to Director General to regularize katchi abadis. Minimum requirements are that there should be forty dwellings at a particular locality and the people should have occupied it before 31st December, 2006 and should continue in such occupation. If the area belongs to Federal Govt, prior consent of such Govt shall be obtained and the area belongs to private individual or a society then a prior agreement with such individual or society shall be made. In such a case, the katchi abadis shall be subject to the terms and conditions of such agreement. Section 21 gives retrospective effect to this law and makes valid all regularizations of katchi abadis held before the commencement of this Act. This law also provides for schemes in katchi abadis, shifting of occupants from katchi abadis for some purposes mentioned, fund of katchi abadis, the custody of, and grants/gifts into, such fund, its accounts maintenance and audit.
2. Punjab Land Revenue Act, 1967

This law provides for the assessment and collection of land revenue by a revenue officer. Under this Act, Collector of the district, by virtue of his office, is the custodian of Govt lands situated in the district. But this fact is not expressly provided in this Act. There is also nothing provided in this Act regarding his power to remove encroachments from public lands. The only power provided is in section 175 under which a revenue officer can prevent and remove encroachments from such private lands which are reserved for the common purposes of the residents of the locality. He can do so on the application of any land owner in such estate and after giving an opportunity of hearing to the person who encroached upon such land. It was held by the chief court that a Revenue Officer has also power to order for dismantling the structure or building erected on encroached land subject to the provisions of section 175.2
3. The Punjab Local Govt Ordinance, 2001

The local Govt ordinance was issued as a result of the devolution plan of the Musharraf Govt. This Ordinance empowers the Tehsil Municipal Administration, under section 51, subsection

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1(e) to enforce all municipal laws, bye laws and rules governing its functions. Section 54, subsection 1(f) gives it power to prevent encroachments over public land. For this purpose, it has the power to remove encroachments also. It has to issue early notices to encroacher fixing a time directing to remove such encroachments and if the encroachers dont comply with the notices, then it takes practical steps to oust such encroachers from the public lands.
4. The Lahore Development Authority Act, 1975

This Act provides for the establishment of Lahore Development Authority. The City District Nazim is its Chairman and Director General of the Authority and DCO Lahore are its members. Section 8 of this Act makes the DG as the chief executive and whole time officer of the authority. His term of office is three years. Section 39 of the Act empowers the District Coordination Officer, Lahore or any person authorized by him or the Authority in this behalf, to eject any person from the land belonging to the Authority who has illegally occupied such land. But in such a case, the person whose ejectment is sought must be given an opportunity of hearing in person. Section 40 of the Act empowers the District Coordination Officer, Lahore to order for the demolition or alteration of any building, structure or work which is carried out in contravention of the provisions of this Act by any person. If such person doesnt obey the said order of the DCO, then the DCO can demolish or alter such building structure or work or can stop it after giving a reasonable opportunity iof hearing to the person who will be affected by the said order. Under Section 45, the Authority can make regulations for carrying out the purposes of this Act.
5. The [Punjab] Autonomous Bodies Immovable Property (Ejectment of Unauthorized Occupants) Ordinance, 1965

This Ordinance defines an autonomous body as a corporation, institution, undertaking or other body established with the aid of the revenue of Punjab but not with the revenue of the Federation and includes a university and Board of Secondary Education established under the Punjab law, and also an Industrial Development Corporation established under the Provincial Industrial Development Corporation Ordinance, 1962. Section 3 of the Ordinance authorises any autonomous body to remove encroachment from public land after giving to the encroacher a reasonable opportunity of hearing and to serve upon him a notice requiring him to remove any

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standing crop or other structure within a period not less than 7 days and if such person fails to remove such crop etc, that will be forfeited by the body without payment of any compensation to him and if the body incurs some expenses on such removal, those will also be recovered from such person. Under section 6, such body can also requisition police assistance for the removal of encroachments by requesting the officer in charge of a police station. Under section 4, appeals from the orders of officers of the Body shall be made to such Body and from the orders of the Body to the Provincial Govt.
6. Pakistan Railways Police Act, 1977

This Act was promulgated in 1977 for the purpose of constitution and regulation of the Pakistan Railways Police for the safety of passengers and goods transported by Pakistan Railways, the protection of Railway property, the prevention, inquiry and investigation of offences committed in relation to Pakistan Railways and for the connected matters. Section 3 of the Act gives to the Federal Govt the power of constitution and regulation of Pakistan Railways Police and specifying their territorial jurisdictions. Through S.R.O.74(1)/75 in the Gazette of Pakistan, the Federal Govt specified the territorial limits of Pakistan Railways Police as residential colonies, dwelling houses and barracks of railway se or c10sc proximity thereof, all lines of rails, sidings or branches worked for the purposes of, or in connection with, Railway as lie inside the limits of Karachi port Trust; and such lines of rails, sidings, branches worked for the purpose of, or in connection with, Railway as lie beyond the outer signals of any railway station other than warehouses, store depots, workshops, manufactories, fixed plants, machinery and other works, owned and managed by Railway and constructed for the purposes of, or in connection with; Railway and also such lines of rails as run inside them and lead to them. The Inspector General is the head of this police. Under Section 9(7), an Officer-in-Charge of a Railway Police Station may call upon the provincial police and the district magistrate to come to the help of Railway police. Under Section 13, every member of this police is a public servant within the meaning of Section 21 of the Pakistan Penal Code, 1860. Under Section 14 of the Act, all rights, properties, assets and liabilities of the Railway Watch and Ward shall stand transferred to the Pakistan Railways Police on the commencement of this Act.

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3. Regularization of Katchi Abadis

Following are the organizations which deal with regularization of katchi abadis: 1. Directorate General of Katchi Abadis
a. Organizational Setup

Directorate General of Katchi Abadis is an attached department of Local Government and Rural Development Department, Government of Punjab. Director General is operational head of the department while all the administrative affairs are seen and controlled by Secretary Local Government and Rural Development Department. He is assisted by seven (7) directors i.e. one Director Admin (BS-18), one Director Engineering (BS-18) and five Directors Monitoring (BS18). Out of the five seats of Directors Monitoring, only one seat is filled presently while the rest of four seats are lying vacant. Director Monitoring is further assisted by an Assistant Director Monitoring. Director Admin is further assisted by four Assistant Directors i.e. AD (Admin), AD (Accounts), AD (CD) Male and AD (CD) Female.

Source: Office of the DG (Katchi Abadis & Urban Improvement) Punjab

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Functions:

Directorate of Katchi Abadis performs various functions as given below:1. This Directorate is a provincial body as its an attached department of a provincial department. It is therefore, entrusted with the responsibility to oversee the affairs related to Katchi Abadis across the whole province. 2. The main function of this body is to formulate policies and instructions to regulate the Katchi Abadis which is then implemented through various Development Authorities like LDA, FDA, and RDA etc. through their respective Directorates. 3. It also acts as a liaison between all the executing agencies and devises measures to ensure the implementation of its policies in a smooth and effective manner. 4. Regularization of Katchi Abadis is a tough call to be made and this Directorate General takes all the necessary steps when required to guide the executing agencies about the upgraded rules and regulations made thereof. 5. It communicates not only with the executing agencies but also responds to the queries of the field offices like Revenue Offices, Office of a Nazim etc. from time to time and issues clarifications pertaining to the policy matters. 6. District Implementation Committees are also notified by this Directorate General for each district with District Coordination Officer as its Chairman. The other members may include MPA concerned or any other MPA nominated by the Chief Minister, Additional District Collector, Assistant Director Local Government and Director Katchi Abadis of Development Authority of the district. 7. Moreover, there are some of its functions which are delegated to the concerned directorates and other executing agencies like LDA. These functions include: a. To carry out detailed physical survey and census of occupants of Katchi Abadis, prepare plans and design infrastructural works in connection with the development works of Katchi Abadis under the supervision of Director General (KA & UI). b. To formulate development and financial programs in respect of Katchi Abadis and determine implementation strategy of such programs in consultation with Director General (KA & UI).

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c. To undertake, where necessary, low cost housing and re-development schemes for re-settlement of shiftees from Katchi Abadis i.e. from the areas which are not regularizable as Katchi Abadis, under the supervision of Director General (KA & UI). d. To inspect the development schemes of Katchi Abadis and may issue such instructions as may be necessary. e. To issue notices and evict unauthorized persons or to remove encroachments from Katchi Abadis in accordance with law for the time being in force. f. To prepare schemes for the development or regularization of Katchi Abadis including the grant of proprietary rights to the dwellers as per policy of Government, under the guidance of Director General (KA & UI). g. To arrange civic amenities and civic services in Katchi Abadis and to sanction Building Plans as per their jurisdiction, after observing rules and regulations on the subject. h. To lodge complaints in a competent court of law as provided in Katchi Abadis Act, 1992.

c.

Policies/Procedures

This policy was initially a part of 5-Point Socio-Economic Program of the then Prime Minister Mr Muhammad Khan Junejo. The objective was to grant proprietary rights to dwellers of Katchi Abadis and develop them. Following are some of the salient features of this policy: 1. Katchi Abadis should at least consist of 40 dwelling units. 2. Plots in Katchi Abadis measuring up to 5 Marlas if partly used by the occupants for the commercial uses would be considered residential only. 3. Occupants of Katchi Abadis in urban areas making full payment of development charges in lump sum within a period of three months would get 50% concession in the said charges. 4. No charges would be recovered in respect of land in Katchi Abadis under the occupation of widows, orphans and disabled persons who have no means of livelihood.

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5. No change or modification shall be made in survey lists by Local Councils. If any dispute arises, between dweller and Local Authorities, regarding inclusion of left-over names, incorrect entries of names, parentage etc., it will be resolved by the District Implementation Committee whose decision shall be binding. 6. Any person in possession of state land in a Katchi Abadi, which has been transferred to the Local Council/ Development Authorities and which he constructed before the cut-off date and whose name is recorded in the survey list, shall be granted proprietary rights in respect of the same land. 7. If the names of immediate family members i.e. Married Sons or Daughters have been recorded in a unit having one entrance, the proprietary rights of the land to the extent of 5 Marlas will be transferred to such family members whose names have been registered in the survey list. 8. If the names of the different persons are registered as separate Dwelling Units but may have one entrance, the proprietary rights will be given to all such persons in the land under their possession not exceeding 5 Marlas per family. 9. If a person is running an Independent Commercial Unit and is not living with his family, on the cut of date, he will pay the market price of the land under his occupation fixed by the District Implementation Committee. 10. Proprietary rights should be given to the Dwellers on the payment of cost of land and the development charges as may be specified. 11. No hard and fast rules can be laid down for the fixation of price as number of factors like the environmental surroundings, location of plots, size and measurement of plot etc. may be involved in determining the price of plots exceeding 5 Marlas. 12. While transferring the land, first the total areas under Katchi Abadis owned by various Agencies of Federal and Provincial Governments will be transferred to the Development Authorities through mutations or registered deeds but free of cost. As a next step, when all dues are paid by the occupants for the land of the Katchi Abadis in their actual possession, land will be transferred to them through sale deeds. In this manner, they would become the lawful owners of the said land. 13. No development work should be undertaken in Katchi Abadis which are situated on private land. Similarly, notices for the cost of land or development charges in respect of

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Katchi Abadis or a portion of them situated on private land, should not be issued by Development Authorities or Local Councils.

c-a. 5Further Detail of Policies/Procedures i. Details of Katchi Abadis

ii.

Noted/Transferred Katchi Abadis Total area Total number of families Fully developed Katchi Abadis Partially developed Katchi Abadis

= 900 = 9100 Acres (approximately) = 220161 = 128 = 365

Ownership of Land under Katchi Abadis:

Mostly the land under Katchi Abadis belongs to the following departments: A) Federal Government Departments
B)

Pakistan Railways Defence Evacuee Trust Property Board Pak PWD

Provincial Government Departments

Board of Revenue Irrigation & Power Department Agriculture Department Industries Department Muslim Auqaf Department

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iii.

Education Department

Objectives to Re-Develop Katchi Abadis

a) The objectives to re-develop Katchi Abadis are: b) Improve the Urban landscape c) Provide basic urban services like Sewerage, Water supply, Metalled Roads/ Streets, Street Lights/ Electricity, Main Gas, Public Parks d) Bring Katchi Abadis at par with the surrounding well-developed areas e) Improve the living standard of Katchi Abadis poor dwellers f) Safety of prime urban land.
iv. Proposal

i.

Construction of multi-storey flats on part of the land of Katchi Abadis is propsed as under:

ii.

20% of the land may be utilized for this purpose and the remaining 80% of prime land be evacuated.

iii. iv.

Private sector may be involved for the construction of these flats on B.O.T basis. The Basement may be utilized for parking and the ground floor may be reserved for commercial purposes for the financial benefits of the dwellers of Katchi Abadis, who are already using their dwelling units for the commercial-cum-residential purposes.

v. vi.
v.

First to fifth floor may be utilized for purely residential purposes. Initially, the pilot project may be launched at each Divisional Headquarter.
Building Plan

vi.

Area of the Building Accommodation Covered area of a flat Floors No. of flats at each floor No. of shops at ground floor
Selection of Katchi Abadis

01 Kanal 2 rooms + lounge+ balcony+ kitchen+ bath 800/900 S.Ft 05 04 16

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Following aspects may be kept in view while selecting Katchi Abadis for re-development or resettlement: It is centrally located; It has potential for commercial development; It has some open area where the construction activities can be immediately taken up without displacing the residents; Priority may be given to the under-developed areas.

d. Performance/ Achievements

The Directorate General (Katchi Abadis and Urban Improvement) Punjab which was established as an attached department of the Local Government and Rural Development, Government of the Punjab, has played a very vital role in the process of regularization of Katchi Abadis. The policy measures provided by this body proved very beneficial and the executing agencies very aptly are working out to address the issues pertaining to Katchi Abadis. The inherent objective of socioeconomic betterment of the poor has been achieved to some extent as people got the rights of land and became owners of their respective dwellings. While taking the example of Lahore Development Authority, it is learnt that the Authority has conducted repeated surveys from time to time to register the Katchi Abadis. The latest survey of 30th September 2011 shows that there are 154 notified or declared Katchi Abadis in Lahore. Moreover, the sum total of all the non-transferred Katchi Abadis in Lahore is 49. Similarly, 117 Katchi Abadis have been deleted from the list of Katchi Abadis on the basis of being on private land, non-existence, or belonging to E.T.P.B and Muslim Auqaf.

2. Directorate of Katchi Abadis, LDA

a. Organizational Setup

Directorate of Katchi Abadis is an executing agency of Lahore Development Authority (LDA). It is entrusted with the task of implementing and executing all the directions and policy measures issued by the Directorate General (Katchi Abadis & Urban Improvement) Punjab that is working

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under the Local Government and Rural Development Department Government of the Punjab. So it has to work in close coordination with the Directorate General office as all policy matters are being looked after by the Directorate General in liaison with the Katchi Abadis Cell of Ministry of Environment, Local Government & Community Development and Government of Punjab. At the lower levels the Development Authorities are performing the functions of Executing Agencies and are responsible for implementing the Regularization of Katchi Abadis in big cities like Lahore, Faisalabad, Multan, Rawalpindi, etc.

Source: Office of the Directorate Katchi Abadis, LDA

b. Functions of the Directorate The Directorate of Katchi Abadis performs the following functions as the executing arm of the Directorate General of Katchi Abadis: 1. To implement the regularization programme only in the recognized Katchi Abadis within the jurisdiction of Lahore Development Authority. 2. To carry out: site verification and Re-verification of record, facts of enlisted and declared Katchi Abadis under the directions of the Director General (Katchi Abadis & Urban Improvement) Punjab.

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3. The Director General, Katchi Abadis & Urban Improvement Punjab also seeks help from the Directorate in the performance of his duties and functions. 4. To scrutinize the cases for issuance of demand notices to the eligible dwellers as per Government policy and instructions and to recover the cost of land and development charges at the prescribed rates duly notified by the Government. 5. To process the cases for grant of proprietary rights to the eligible dwellers of duly notified, declared and transferred Katchi Abadis in accordance with the Government policy and instructions. 6. The Directorate is also empowered to initiate penal action against the illegal occupants and encroachers in order to ensure prevention of encroachments in the Katchi Abadis

c. Policies/Procedures
Issuance of Demand Notices

Initially a survey is conducted to determine the total number of Katchi Abadis. Then Demand Notices are issued to the eligible dwellers in duly declared Katchi Abadis on provisional basis on the criteria that name of the dweller should exist in the survey list and dweller should furnish proof of continuous occupation/residence in a particular dwelling unit of a transferred Katchi Abadi prior to cut-off date of 31-12-2006. The dweller should also provide an affidavit on the prescribed stamped paper of Rs: 20/- duly attested by a Magistrate 1st Class or a Notary Public. An application- on the prescribed form- along with requisite documents and copy of National Identity Card may be presented in person by the bona fide dweller in the Directorate of Katchi Abadis located at 7-Court Street, Lahore.
Recovery of Charges

As per prevailing policy of the Government, the cost of land and development charges are to be collected before grant of proprietary rights to the eligible dwellers in duly declared Katchi Abadis land which has been transferred/mutated in favour of Lahore Development Authority.
A. Cost of Land

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According to the policy instructions regarding regulation of Katchi Abadis in Punjab issued by the Directorate General of Katchi Abadis, the following rates of land shall be applicable:1. Residential unit up to 5-Marlas @ Rs.172/- per Marla. 2. Excess land above 5-marlas at market price of 23-03-1985. 3. Dwelling units partly commercial up to 5-marlas will be considered as residential @ Rs.172/- per Marla be charged. 4. Dwelling units exceeding 5-marla partly commercial will be considered as commercial and market price of 23-03-1985 will be charged. 5. Difference in area/name in the survey list of a dwelling unit partly commercial will be considered as commercial and will be charged market price of 23-03-1985.
B. Development Charges

The Development charges are recoverable at the rate of Rs. 500/- per Marla for Development Authorities and Cantonment Boards and Rs. 250 per Marla for Tehsil Municipal Administrations, in addition to the cost of land from the eligible dwellers.
Grant of Proprietary Rights

The grant of proprietary rights is linked with the transfer or mutation of state land under Katchi Abadis in favour of LDA as Executing Agency. Proprietary rights are to be granted to the eligible dwellers of those notified and declared Katchi Abadis land which has been transferred or mutated in favour of the Lahore Development Authority. The case for grant of proprietary rights to the Bona fide dweller after recovery or realization of charges and dues regarding cost of land and development charges is filed.
Policy Regarding New Occupants

Government has defined a clear strategy regarding occupancy of the lands which belong to Katchi Abadis. The prevailing policy of the Government is that the proprietary rights should be granted to such occupants who have constructed dwelling units before the cut-off date of 31-122006. Anybody who stepped into the shoes of old encroacher through power of attorney or

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executing an agreement for sale of Malba will be treated as encroacher. The proprietary rights in such cases shall be granted after recovery of charges/dues at market price of 23rd March, 1985.
Maintenance of Record of Documents

As per standing policy of LDA any dweller who has been granted proprietary rights may sell, transfer or sublet his dwelling unit after the expiry of prescribed period of five years from the date of execution of his sale deed or grant of proprietary rights. The new occupant is required to submit his application to the office along with the certified copy of Sale Deed of the sold and dwelling unit, copies of National Identity Cards, three specimen signatures on plain paper and attested photographs of both the original dweller and the new occupant. The cases would be processed in accordance with the laid down procedure and standing Instructions.
Change of ownership, when possible

According to the standing policy of LDA, in case any dweller dies, the legal heirs of the deceased dweller are required to get a declaratory decree from the competent Court of law. For substitution of legal heirs in place of original dweller, a hand-written application along with the certified copy of Court decree or judgement, copies of National Identity Cards, three specimen signatures on plain paper and passport size photograph of all the successors in interest, duly attested by a Gazetted Officer may be presented to the office. After implementation of Court orders and declaration of the successors by the Competent Authority, sale deed shall be executed in favour of the legal heirs after recovering the dues.

d. Performance/ Achievements

The Directorate of Katchi Abadi at Lahore Development Authority is of huge importance owing to the ever increasing size of the City District and burgeoning rich-poor divide. The infrastructure and human resource is also available to it as LDA has a large setup. Over the years, this Directorate has been able to implement the policy instructions issued by the Directorate General of Katchi Abadis at the province level. This Directorate acts as an executing agency to those orders and instructions issued to it. Apart from regularization of hundreds of

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Katchi Abadis in Lahore, LDA Directorate has also been able to keep the record updated. It has become possible due to the efforts of the Directorate that around 117 holdings were deleted from the list of Katchi Abadis on the basis of being occupied on the private land or belonging to Evacuee Trust or Muslim Auqaf. Moreover, the Directorate has also designed comprehensive application form for the proprietary rights as well as notices of demand and sale deeds. The record of all these documents is also kept with the Directorate.

4. Katchi Abadis Management in Lahore

Every city of Pakistan is regulating katchi abadis according to the policies of the province of such city. The city of Lahore is subject to the policies of the Govt of Punjab. Here the management of katchi abadis has passed through different stages. This area will be discussed in this section in detail in the light of history of katchi abadis.
1. Historical Perspective

The problem of katchi abadis emerged with the emergence of Pakistan. It was because the Muslims of India, at the time of partition, were divided into two groups i.e. those who opted to remain in India and those who opted to go to Pakistan. This historical perspective of katchi abadis is discussed in following paragraph in detail:
i. Evolution--1947 Onwards

Pakistan is the worlds sixth populous country with 40% urban population. Pakistan has estimated 4% Annual Growth rate of population. It is generally believed that Katchi Abadis emerged in Pakistan for the first time in 1947 as settlements of Indian refugees. At the time of independence, housing was a major problem for millions of people migrating into a new State. As the State was unable to provide adequate housing for its population, squatter settlements soon appeared and was mostly tolerated by the government. Later in 1960s, increasing industrialization and urbanization accentuated the situation with refugees and rural migration contributing to the growing number of urban poor.

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Lahore has attained the status of being second biggest city of Pakistan and is the provincial capital of Punjab. Out of 7.04 million populations living in Lahore District, 82% (5.77 million) lives in the urban areas comprising of Ex-Municipal Corporation Lahore (Ex-MCL) Area, Lahore Cantonment, Walton Cantonment and two small urban settlements (Ex-Town Committee) of Kahna Nau and Raiwind. The Master Plan for Greater Lahore (1966) estimated housing shortage to be between 39,086 and 80,399 dwelling units, whereas the Lahore Urban Development and Traffic Studies (1980) estimated this backlog as high as 300,000 dwelling units. But the estimates worked out by National Engineering Services Pakistan (NESPAK) in 2001 indicate the housing backlog in Lahore District (Urban) was around 154,000 dwelling units. Due to this backlog the phenomenon of unplanned urban slums (Kachi Abadis) has been on an unprecedented rise in Lahore over the past 3-4 decades. This increase is a direct consequence of population growth, rural urban migration and non provision of built houses/serviced plots for the low income. The deterioration of old urban settlements has further aggravated the issue. Today around 305 katchi abadis can be found in the district.
ii. Previous Structure

The Directorate General Katchi Abadis was created for the first time in 1987. Before 1987, the regularization process of katchi abadis was entrusted to the Local Govt Department. There was a Section Officer below the Secretary Local Govt Punjab who was concerned with the regularization of katchi abadis in Punjab. A survey of katchi abadis was conducted in 1985 for their regularization and all the katchi abadis, which fulfilled the legal criteria and which were existed before 23rd March, 185 i.e. the cut-off date, were regularized in 1985. In 1987, the office of Director General Katchi Abadis was established through a law known as the Punjab Katchi Abadis (Regularization & Development) Act, 1987. In 1992, another law known as Punjab Katchi Abadis Act was enacted through which the role of Director General Katchi Abadis was extended to urban improvement also and that is the present structure. The procedure was, and is presently also, that for the purpose of regularization of katchi abadis, a No Objection Certificate (NOC) had to be obtained from the independent body i.e. Railways Department on whose land such abadis were situated and the regularization process could not be effected in the absence of such NOC. For Katchi Abadis which have to be relocated due to practical reasons, the dwellers will be shifted after preparing re-settlement plans by the land owning agencies. According to the

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directorate of katchi abadis Lahore Development Authority, there are 35908 dwelling units of 141 katchi abadis which include the katchi abadis declared as such before 1985 as well as afterwards. So far propriety rights were granted to 9794 people, 26567 people still do not have the rights while 12000 notices have been issued to the dwellers of katchi abadis in this regard.

iii. Previous Efforts Made for Removal of Encroachments

Efforts for removal of encroachments form public land have been made from time to time by all the three agencies i.e. Railways Department, LDA and District Govt but these were not successful because of the agitation of residents of katchi abadis, granting stay orders by the courts and the subsequent interference of the Provincial Govt. Resultantly, katchi abadis have either were successful in getting regularized or they still continue with non-regularized status.
2. Present Structure

Governments take Anti Encroachments drives on regular basis but because of the backlog in housing sector, government doesnt demolish these physical structures now. Government realizes that people migrate to urban settlements as a last resort for a better future, more for the betterment of their future generations than for themselves. These migrants cannot afford to buy a conventional shelter for themselves. Hence, the migrant population has to make their own arrangements because government doesnt have enough resources for the purpose. The present structure is explained as following: A. Lahore Development Authority (LDA) LDA acts as an executing agency implementing the policy decisions of federal and provincial governments. In this regard, LDA acts on behalf of the Director General Katchi Abadis, Punjab. As already mentioned, Director Katchi Abadis works under the Director General, LDA.
i. Regulating the States Land

The Directorate of Katchi Abadis has been invested with the responsibility of implementing the regularization programme in accordance with the policy of incumbent government in the

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recognized Katchi Abadis that lie within the jurisdiction of Lahore Development Authority. The Directorate also carries out site verification or re-verification of entire record and facts of Katchi Abadis notified or enlisted under the direction of the Director General Katchi Abadis & Urban Improvement Punjab. Its responsibilities also include processing and scrutinizing the cases for issuance of demand notices to the people that qualify the criterion set by the government, and recovering the cost of land and development charges at the prescribed rates duly notified by the Government. The process for the cases for grant of proprietary rights to the eligible dwellers from Katchi Abadis that have been duly notified is another function of Directorate of Katchi Abadis that it has to perform in accordance with the incumbent Government instructions. There is a directorate in LDA known as Directorate of Estate Management which regulates the land belonging to LDA. This directorate is entrusted with the powers of sale of vacant residential and commercial plots, allotment of plots earmarked for utility sites in LDA schemes, recover of price of sold/allotted lands, delivery of possession of sold lands, issuing NOCs and can allow extension in building period of plots etc.
ii. Removal of Encroachments from States Land

The Directorate of Estate Management, LDA also initiates penal action against the illegal occupants/encroachers in order to ensure prevention of encroachments on LDA land. The procedure of issuing a Demand Notice is also a task of this Directorate. The prevailing policy of the Government is that the cost of land and development charges is to be collected before proprietary rights are granted to the eligible dwellers in duly notified or declared Katchi Abadis land. Apart from this regularization, Deputy Director Estate Management, in interview, told that antiencroachment drives are held on regular intervals. He, however, admitted that these drives are not very actively pursued on humanitarian basis. They only take action against those encroachers who set up temporary shops on government lands.

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B. The District Government i. Custodian of States Land

District governments are important agencies in maintenance and custody of government lands in district. City District Government Lahore (CDGL) itself and through its nine Town Municipal Authorities (TMA), carries out anti-encroachment drives. In case of Tehsil City, Lahore which covers three TMAs (Samanabad, Ravi, and Data GanjBukhsh), Assistant Commissioner of Tehsil maintains a record of all state lands and any encroachments on that land. Those lands which are under litigation are recorded separately. According to the latest data, nearly 50,000 Kanals of government land belonging to provincial and federal governments, and CDGL are still encroached which do not belong to any duly notified Katchi Abadis scheme.
ii. Role in Encroachments Removal

TMAs in conjunction with the CDGL carry out anti-encroachment activities during which they capture any movables that are used to encroach that land. TMAs later auction such materials. A report of these anti-encroachment drives in Anarkali, and Mall Road showed that a majority of these encroachers were vendors of used-clothes. A case of regularization of state land was under litigation in which fraudulent record was presented to get Chamba House, an encroachment settlement, notified a Katchi Abadis. CDGL however went into court against this decision.

C. Railways Authority
i. Regulating Authority

Civil Engineers working under the office of Director Land, in Railways Divisional Headquarters, Lahore are the regulating authority of Railways lands. In Lahore Division, total railways land is above 30,000 acres of which 18,000 acres is in operational use. Nearly 900 acres are encroached or under litigation. 44 acres have been encroached upon by Katchi Abadis whereas 13 acres of railways land has been encroached by various government departments. There are two major categories of encroachments on Railways lands:

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1. Temporary encroachments, which include commercial encroachments in the form of Landa Bazaars, and 2. Residential encroachments, like shanty towns or katchi abadis. Civil Engineers do not take action against the latter category of encroachments on compassionate as well as on technical grounds as they lack necessary political support once they set out for anti encroachment drives. On the other hand, the anti-encroachment drives are also not successful because of the connivance of Railway officials with the encroachers. Such issues hamper the performance of the executing agency.
iii. Administration at the Divisional Level

There is no administration of Railways department at the district level. It is only at the divisional level where head of office is the Divisional superintendent, Railways. Below him, there is a Director Land who is responsible for regulating the Railways land and dealing with encroachments on these lands. The Director Land is further assisted by a Deputy Director Land who is responsible for preparing and keeping the record of all lands belonging to Railways Department. He also has the duty to identify various encroachments made on these lands by private persons and to make a case for taking action against such encroachers.

3. States Land Management: Performance Evaluation

i. LDA policy/SOPs

The Directorate Katchi Abadis as well as Directorate Estate Management of LDA are the relevant authorities in LDA. The Director Katchi Abadis deals with land occupied by squatter settlements. His office receives regularization files from the office of DG Katchi Abadis. This office issues demand notices to residents of katchi abadis for recovery of relevant charges, cost of land and costs of development and improvement of katchi abadis if the Govt has rendered such cost. After recovery of all such charges and costs, it grants proprietary rights to the residents of katchi abadis. Director Estate Management deals with all other lands of LDA. His office sells such lands, transfers their possession, recovers prices of such lands and costs and is also empowered to remove encroachments of LDA lands made by private people.

33 ii. District Governments Policy

Regarding regularization of the recognized Katchi Abadis, CDGL follows directions from the provincial government. TMAs and Revenue Officers have been charged with the duty of giving property rights to the dwellers in the duly notified Katchi Abadis. There are however certain issues which have become a strong impediment in achieving the targets of regularizing Katchi Abadis existed before 31st of December 2006.
iii. Railway Authoritys Policy

Railways authorities have a policy of taking stern action against commercial encroachers. But due to technical and humanitarian issues and the connivance of Railway officials with encroachers, they avoid taking action against dwellers. The sections in Lahore Division from Kot Lakhpat to Raiwind, and from Lahore station to Badamibagh and Shahdra are particularly full of encroachments where more than 200 Katchi Abadis have recently been identified. Railways anti-encroachment teams try first to recover the encroached land. If not possible, then regularization is the other option with leasing and renting as two choices given to the dwellers. In this way, at least unused land is turned into a productive land.
iv. Types of Encroachments on Railway Land

Encroachments on Railway lands are classified as one of the following: a. Cultivation on Railway land is the most common type. Modus operandi is usually incremental encroachment and inclusion of Railway land into the adjacent field. b. Soft Encroachments such as unauthorised way and facilities such as doors opening into railway area, access from Railway land, drainage into Railway area, throwing refuse onto Railway land for cattle, dung etc. c. Hard Encroachments such as construction of temporary or permanent structures for housing, commercial or other purposes, additions and alterations to existing Railway Structures etc. d. Trespassing such as entering Railway land unauthorisedly with or without materials, with intention of setting of dwelling unit, or for carrying out trade or business.

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v. Procedure order for detection, prevention and removal of encroachments on railway land

c. Maintenance of register of land records with up-to-date enteries d. Demarcation of land boundaries through proper maintenance of boundaries pillars e. All out efforts to be made to ensure that no new encroachment takes place. Divisional Superintendent is made responsible for deciding the nature of boundary structure (fencing or tree row or continuous wall or ditch etc.) for each area based on cost and vulnerability of land. f. Railway officers charged with the duty of protection of railways land shall take all measures to prevent new or incipient encroachments. In case they themselves are not successful, it shall be their duty to bring the same to the personal notice of AEN and concerned Divisional Officers verbally as well as in writing, requesting them to take measures to stop the same. Wherever persuasion by the Railway authorities does not yield any result the construction should be stopped by force, if necessary, and thereafter and FIR under Railways Act should be lodged by the Engineering Department with the police having jurisdiction over the area.
v. Particular Examples of Existing Encroachments

a. Lawyers chambers on railway track in kot Lakhpat are an excellent example of encroachments on railways lands. b. The whole Bogi Road which is right in front of Divisional Headquarter of Pakistan Railways is encroached from both sides.
vi. Action Taken/Decision Made against Encroachment

Regular anti-encroachment drives are held by CDGL, TMAs, and by Railways teams accompanied by Railways Police. But most of the times these actions are reversed by the intervention of Provincial Govt as a result of agitation of residents of these abadis.

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5. Katchi Abadis on Railway Land in Jamil Abad, Shalamar Tehsil, Lahore-A Case Study
In its report Expanding Housing Financing to the Undeserved in South Asia, the World Bank says that Pakistan is facing an unprecedented shortage of 7.6 million housing units, which forces more than half of the countrys urban population to live in slums1. Even though six decades have passed since the creation of an independent homeland, a significant proportion of Pakistanis do not own their homes. The issue of inadequate housing has led to the mushrooming of Katchi Abadis in major cities of Pakistan. Such settlements are an informal market response to the failure of official planning. The genesis of Katchi Abadis goes back to the influx of Partition migrants who settled into camp settlements in cities. Resettlement delays led these camps to grow and slowly took the form of Katchi Abadis. They began to attract laborers migrating from other areas within Pakistan as well as impoverished refugees pouring in from Afghanistan since 1980s. Two years ago, the World Bank estimated that around half of the Pakistani urban population lives in Katchi Abadis, many of which lack access to safe drinking water, sanitation, regular electricity supply and paved roads. Initially, government officials tried demolishing these settlements, many of which had encroached on prime lands. However, these attempts failed because squatter settlements were being built with the connivance of the land mafia, backed by political class, and with the tacit approval or facilitation of members of lawenforcement agencies. As these settlements grew, the Government realized that regularization instead of resettlement would be a more effective option. The proportion of Katchi Abadis that have been regularized is a very small fraction of the overall number of such settlements. Homes of residents in these non-regularized Abadis remain under constant threat of demolition, leaving the poor and desperate families who live there with the fear that they could lose their dwelling at any time. Iqbal is one such man who spends his life. Under this fear of losing his dwelling at a non-regularized katchi abadis of jamilabad built on Railways land in Shalamar Tehsil, Lahore, he is passing his days of life

Expanding Housing Financing to the Undeserved in South Asia, October 2010,the World Bank report,P.213,Nenova Tatiana.

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Iqbal told us that he along with his family shifted to this area from his village some 25 years back. He purchased this place from a person for Rs.80,000. He arranged this amount by selling his wifes gold ornaments, family savings and by borrowing some credit. At that time, this five Marla place was nothing but a chappar (shelter made with date trees leaves). Now he has divided this five marlas in two parts giving half to his brother. He lives in his portion with his wife and 6 children. He drives a rickshaw in the city while his sons work in a workshop and his daughters do embellishment work on the clothes. This way they try to earn bread for themselves. Iqbal knows well that he has occupied state land and can be displaced anytime from the land, he told that several times in past officials have threatened to evict the community. And on one occasion, he says, officials tried to completely demolish the settlement and his house outer walls and one room was destroyed. Only one room over his request was left so that his young daughters stay inside. After that, he says, no major attempt has been made. The officials tease us when we try to raise our outer walls, threaten us and we try to save ourselves by giving them their share. Some people in the Katchi Abadis are living on rent as well. Iqbals brother who has moved to city has rented out his dwelling for Rs.1200 per month to a family. Iqbals wife was complaining that despite paying bills regularly they are unable to use refrigerators because of power crises. This was unusual to see that in this settlement people were using electricity not from the connection taken from some nearby house but from Lahore Electric Power Supply Company. They showed us bill issued in Iqbals name under khatta # 16134215090019 from feeder Sabzi Mandi of Mughal Pura Division. They said that initially they spent some years without electricity, later they took connection from nearby houses and then all the members of this area decided and bribed Electric Companys employees and got their connections. The bill for the month of December was Rs.75. Iqbal also showed us his Sui Gas bills. To him gas was provided to Katchi Abadi of Jamil Abad some 6 years back. The politician Haleem Khan during his tenure provided them not only Sui Gas connections but also he built brick pavements in the settlement. The water facility was poor in the settlement. Iqbal said that those rich among us are using water provided by WASA but we are to drink Railway water which is all contaminated because WASA connection charges are beyond our limits. The Railway waters pipelines are all broken and sewerage pipes leak enters in it. But Iqbal was satisfied with the overall situation if he gets proprietary rights. He told that he is willing to live in

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these conditions but only lands ownership be given to him. Since no proper committee exists in the settlement, therefore, any person who is politically active among them calls for collections. Last time it happened a year earlier when a local Sattar collected Rs.1000 to 1500 from each house of the katchi abadis telling them to be the registration fee for the registration of land. Iqbal is, like other people living in the abadis, hopeful to get proprietary rights before the general elections of 2013. He is pining hope on the recent survey done by the office of Divisional Superintendent Railway department and measurements taken by it.

Railways point of view

In order to know the point of view of railways department, a visit was paid to it. The Railways Department officers told that these dwellings are made near the Jamilabad katchi abadis which Railways Department surrendered on 16.07.2004 to LDA. These dwellings do not fall in the 30 kanals land which is a notified katchi abadis area but are made adjacent to it. According to them, this problem emerged when regularization of Katchi Abadis was notified in mid-80s. More encroachers came to the abadis before the completion of first survey in this way more land had to be surrendered. While those, who could not make it in first survey and land measurements, joined the abadis and made their dwellings. These 80 dwellings of Jamilabad are one of those who now are asking for proprietary rights. They further told that lower staff of Railways Department is also responsible as they themselves are among the encroachers and occupy land after retirement. Although political pressure is there for regularization of many such Railways lands but Railway Department has refused to carry any survey and measurement of land. Railways Department holds its land in the prime location of Lahore city which makes the value of land very high. Railways Department either surrenders its excess land (criterion in Railways Act is if the land is in excess and is not apprehended to be used in future) in the name of revenue department for residential purposes or gives its land on lease for commercial use. Earlier in Punjab Province Railways Department and Revenue Department had shares 40:60 respectively in land selling but recently it has been raised to 50:50, a practice being followed in other provinces of the country. Due to collusion of land mafia, encroachers and Railway employees, this valuable land is going out of Railways ownership. It is now expected that if the trend does

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not stop this may lead to the situation where railway department be left with very little land for its own usage. Railway has its own inspection team. This inspection teams function is to strictly monitor the area and keep a check on growing encroachment on Railways land. The staff visits regularly but whenever there are holidays the encroachers take advantage and erect some new structure, says Karam Ali inspector 4 of Mughal Pura Division. He added that we do not allow further structure building in the area but these encroachers do such activities in the night time usually. For Railways Department removing these encroachers is not easy, they do it in parts because any major drive may lead to law and order situation. They fear of arising of any such situation because of the lack of support between the Federal and Provincial (i.e. Railways and Police) departments. In the next two months Railways has scheduled anti encroachment drives against the encroachers on commercial land. After that they intend to hold a Major Anti Encroachment Drive against the residential encroachers but it seems difficult because of the upcoming elections and influence of land mafia. Provision of utility services on the encroached land of Railways is worrisome because this makes them eligible on humanitarian grounds to keep the land in possession. Railways authorities are well aware of the facts but hold LDA, WASA and LESCO responsible and also admit the collusion of their lower staff.

LESCOS Point of View

Legally non-regularized katchi abadis come under un-electrified areas. But still they manage to get access to electricity. Kunda theft and taking connection through a wire from nearby houses is a common practice. In Jamilabads non-regularized katchi abadis, some 70 houses are getting electricity from LESCO and are charged with monthly bills. They are getting supply from Sabzi Mandi Feeder of Mughal Pura Division. XEN Mughal Pura Division Mr. Ahmad Fawad says that lesco supplies to Railways Department 11 KV electricity in bulk. Railways has its own power houses i.e. 1, 2, 3 from where they supply electricity to their respective areas. Its from there that electricity is provided to these dwellings.

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The point of concern for us was the provision of electricity meters to dwellings from LESCO. LESCO only provides meters according to its policy to dwellings for which PT1 is provided. Being non-regularized abadis, no such document can be produced by the dwellers but meters were installed some 15 years back. LESCO is willing to cut its power supply to these dwellings if it receives any such request from railway department. Since LESCO has been generating revenue for the last 15 years, therefore, they propose that such PTs be documented.

WASAs Stance
According to rules, WASA is authorized to provide water connection to any housing unit on submission of the registration copy of the property or on provision of proof of ownership. But to katchi abadis of Jamilabad, WASA has provided connection to the encroachers of railways land. When contacted, Mr. Abdul Qadeer Khan, Director Planning and Evaluation WASA, told us that UCR (Unauthorized Connection Regulation) have been issued to such dwellers. WASA is already in loss, he said, and water theft is a common practice, therefore, WASA is providing water to such dwellings. They are billed and revenue is generated. This is done to avoid possible water theft by such dwellers. They are to pay one year bill in advance after which they are adjusted to regular billing system. However, if Railways department send any letter to WASA in this regard, water supply to the area can be stopped.

Analysis
From the above case study, it can be concluded that no single person can be blamed for all what is happening. All departments are involved in it one way or the other. However, no one is willing to admit his role and involvement rather put blame on each other. Unquestionably, providing shelter to the people is the prime responsibility of state but unfortunately it has failed to play its role in an effective manner. Despite the fact that volume of Katchi Abadis on state land is increasing day by day but somehow state has not, so far, dealt the issue of residential encroachments with iron hand due to which public in general and land mafia in particular find state land an easy prey. Land occupiers, like Iqbal, too are not exempted from the blame.

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Knowing well that this land belongs to the state, they came and raised their structures. They find it a good investment because by paying very nominal charges they occupy land in a prime location of the city. By involving utility services department, they get services of gas, electricity, water and sanitation. Once it becomes a pakka houses settlement, they pressurize political leaders contesting for elections and Governments to give them proprietary rights on humanitarian grounds. LESCO and WASA are also involved in the whole game. LESCO, while providing connections, does not perform its responsibility. PT1 documents are not properly verified. The concerned SDO should verify such documents issued from Katchery and the culprits be penalized under section 420 of Pakistan Penal Code, 1860.WASA should also improve its checks system and ensure that occupants of state lands do not get connections. Because if they once get connections then WASAs administration is only left with the option of adjusting them on billing system after they pay charges of one year or 3 years at maximum. Its better to charge them for water theft but if all the facilities are provided then it makes such residential encroachments eligible for regularization. But the department which is most at fault is the Railways Department. It is the custodian of its land which lies in the prime location of Lahore city. There is less documentation done in this regard. From the statements of its official it is obvious that no pains are borne while leasing out or in surrendering its land in the name of Revenue Department. The officers and staff both seem to be at peace with ongoing situation because least effective efforts are made to take back their encroached land. Railways Department, despite knowing well their total encroached area, has not issued any letter to LESCO and WASA to stop power and water supply to these lands. To conclude, the rationale of state land is to use it in provision of services in public interest. Enough state land should be left for this purpose. All efforts to encroach state land for commercial and residential purposes should be strongly discouraged. Only a strong Political will and sense of responsibility at all levels can stop the growing trend of residential encroachments over prime locations of state land and can stop the collusion of individuals, institutions and various public departments.

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6. Issues Involved
There are two organisations which deal with regularisation of katchi abadis. The Director General Katchi Abadis regularizes katchi abadis and the Director LDA Katchi Abadis executes and implements the regularization orders of the Director General and allots lands to the residents. This process of regularization is not so smooth but is hampered by various issues. These issues are discussed as under:

A. Issues Specific to Office of DG (KA&UI)

These are issues which are related to the office of Director General (Katchi Abadis & Urban Improvement. These issues are discussed as under: 1. Non-Issuance of NOCs by Pakistan Railways for Remaining Katchi Abadis As a result of survey conducted during the year 1985-86, ninety one (91) katchi abadis were identified being established on the land belonging to Pakistan railways. The railways authorities were approached vigorously from time to time for the issuance of NOCs, which is a pre-requisite for declaration of dwellings as katchi abadis under the Punjab Katchi Abadis Act, 1992. In this regard, the Federal Government announced following latest policy on 15.01.2001. Which is consistent with previous policy:The Ministry of Pakistan Railways will issue NOCs for all pre 1985 KATCHI ABADIS WHICH HAVE BEEN REGULARIZED UNDER THE 1985 policy In the first instance, the Pakistan railways issued NOCs for 49 katchi abadis vide letter dated 17.04.2001. no condition was imposed for 22 katchi abadis in the aforesaid letter whereas, certain conditions were imposed for 27 katchi abadis. Accordingly, these 49 katchi abadis were declared/notified and the land thereunder was transferred in favour of executing agencies for final conferment of proprietary rights to the bona fide dwellers.

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As far as remaining 42 katchi abadis are concerned, joint survey has been completed by the Pakistan railways, revenue authorities and development authorities/TMAs concerned in the year 2004. As per joint survey reports, 2 katchi abadis required complete shifting whereas,4 katchi abadis required partial shifting. As such, there is no hindrance in issuing NOCs for balance 36 katchi abadis established on Pakistan Railway lands where no shifting completely/partially, no railway lines or railway quarters are involved, but the matter is still pending since long. Moreover, a poverty assessment survey has been conducted throughout the Punjab province and 26 post-1985 katchi abadis have been identified on the land belonging to Pakistan railways established before 31.12.2006 which are also required to be regularized in pursuance of the Punjab Katchi Abadis (Amendment) Ordinance, 2007. Accordingly, the chairman, Pakistan railways , ministry of railways Islamabad was requested for issuance of NOCs for aforesaid 62(36+26) remaining katchi abadis established on the land belonging to Pakistan railways, but no response has yet been received. Accordingly, the office of DG (KA & UI) Punjab is persistently asking the chairman, Pakistan Railways, Ministry of Railways, Islamabad to issue NOCs for remaining katchi abadis established on the land belonging to Pakistan Railways in compliance with the aforesaid policy of the Federal Government, but the matter is still pending since long. However, the Director (Property & Land), Pakistan Railways in the last meeting of the subcommittee of senate standing committee on railways held on 22.04.2008 stressed upon that first remit the cost of land recovered from the bona fide dwellers of all such declared /transferred katchi abadis and then construct the boundary wall so that remaining cases for issuance of NOCs could be processed. 2. Non-Remittance of Cost of Land to the Railways by the Executing Agencies Recovered from the Bona Fide Dwellers of Declared/Transferred Katchi Abadis The execution agency-wise detail of 49 already declared/transferred katchi abadis is as under:-

Serial #

Name Of Executing Agency

No. of KAs

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1 2 3 4 5 6

Lahore Development Authority, Lahore Faisalabad Development Authority, Faisalabad Town Municipal Authority Jaranwala, Faisalabad Tehsil Municipal Administration, Sahiwal Tehsil Municipal Administration, Khanewal Tehsil Municipal Administration, Mian Chunnu, Khanewal

33 4 1 1 1 1

7 8 9 10 11 12 13

Tehsil Municipal Administration, Kabirwala Tehsil Municipal Administration, Bahawalpur saddar Tehsil Municipal Authority, Sadiqabad(R.Y.Khan) Town Municipal Authority, Nadirpur Town Gujranwala Tehsil Municipal Authority, Jehlum Town Municipal Authority, Rawal Town, Rawalpindi Town Municipal Authority, Potohar Town, Rawalpindi Total

1 2 1 1 1 1 1 49

Accordingly, the office of DG (KA & UI) Punjab is persistently asking the concerned executing agencies to arrange remittance of cost of land to the railways authorities, recovered from the bona fide dwellers of declared/transferred katchi abadis established on Pakistan railways land. 3. Non Construction of Boundary Wall by LDA in Katchi Abadis Already Declared/Transferred to LDA Pakistan railways issued NOCs for 27 katchi abadis with certain conditions including construction of boundary wall to segregate railways areas/tracks from katchi abadis where

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required. In this regard following decision was taken by the Chief Minister, Punjab in a meeting held on 23.06.2004: a wall will be constructed between the railways track and katchi abadis after the NOC by the railways authorities and katchi abadis. LDA will prepare a PC-1 and P&D will allocate the necessary funds Accordingly, the office of DG (KA & UI) Punjab is asking the Lahore development authority, Lahore, time and again, to provide PC-1 for construction of boundary wall where required enabling this Directorate to forward the case to the P&D department for allocation of necessary funds. However, the matter is still pending with LDA since long. 4. Non Signing of Joint Inspection Reports of Katchi Abadis by Rep of Pakistan Railways Where no Shifting Completely/Partially, No Railway Lines or Railway Quarters are Involved It was decided in the meeting held on 02.10.2007 that railways authorities will issue NOCs in compliance with Federal Governments policy, first of all for such katchi abadis where no shifting completely/partially, no railway lines or railway quarters are involved. Accordingly, a joint inspection committee was constituted who carried out the joint inspection of five katchi abadis and a katchi abadis-wise report was prepared. All the departmental members of the joint inspection team affixed their signatures on 29.10.2007 and verified that no shifting completely/partially, no railway lines or railway quarters are involved in the following katchi abadis. Mujahid Abad, Lahore Gulshan Colony, Lahore Rehmat Colony, Lahore Sultan Pura, Bund Road, Lahore Such Nehr, Lahore

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The aforesaid report was handed over to the A.E.N (P&L) Pakistan Railways by the office of DG (KA & UI) Punjab for signatures on the same day i.e 29.10.2007, but he did not sign the same, therefore, the Director (Property & Land), Pakistan Railways has been requested by the office of DG (KA & UI) Punjab, time and again, to furnish joint inspection report duly signed by A.E.N (P&L), Pakistan Railways. However, the same is still awaited inspite of promise of the Director (P&L), Pakistan Railways made in the last meeting of the Sub-Committee of Senate Standing Committee on Railways held on 22.04.2008 5. Non Provision of Alternate Land by Pakistan Railways for Resettlement of the Affectees of Katchi Abadis The joint survey of remaining 42 katchi abadis has been completed by the Pakistan railways, revenue authorities and development authorities/TMAs concerned in the year 2004. As per joint survey report, the following katchi abadis have been identified where areas to be retained entirely or partially are involved and affectees are required to be resettled:Katchi Abadis Requiring Entire Re-Settlement: 1. Gujja pir, Lahore 2. Bilal colony, Lahore Katchi Abadis Requiring Partial Re-Settlement 1. Muhammad Puara Gunj, Lahore 2. Hope Road No.2, Lahore 3. Railway Phattak. No. 8, FDA, Faisalabad 4. Near Railway overhead Bridge, MDA, Multan In order to resettle the affectees, the Federal Government announced following latest policy on 15.01.2001 which is also a part of the National Housing Policy: 1. The katchi abadis which need to be shifted /relocated must be identified, 2. These areas should be reasonably good and close to the towns so that the affected persons are not reluctant to go there,

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3. Katchi abadis, which are hazardous by virtue of being close to railway tracks or located under high tension power lines, or are close to the riverbeds, or on lands needed for operations/security purposes need to be relocated at appropriate places by The Land Owning Agencies. Accordingly, the office of DG (KA & UI) Punjab is regularly asking the Director (P&L), Pakistan Railways to provide appropriate alternate lands for resettlement of the affectees of katchi abadis established on Pakistan railways land in compliance with the aforesaid policy of the Federal Government, but the matter is still pending since long.

B. General Issues
These are issues which are generally prevailing regarding regularization of katchi abadis. These are discussed as under: 1. Price Adjustment In lieu of regularization, the Director General fixes some minimum price of land to be paid by the residents of the abadis. But this price is, most of the time, becomes a matter of dispute one way or the other. Currently the price of land in katchi abadis is 172 rupees per Marla for the purposes of regularization. If the price is too low, it is not acceptable to the district administration because it holds the charge of public lands in the district and when it is high, it is not acceptable to the residents of katchi abadis because they are mostly poor people. Due to this fact, there occur problems in regularizing such abadis and it stops the process for a very long time. 2. Autonomous Bodies The autonomous bodies like railways and LDA etc have power, under the [Punjab] Autonomous Bodies Immovable Property (Ejectment of Unauthorized Occupants) Ordinance, 1965, to remove encroachments from their lands. When katchi abadis are on their lands, they regulate them according to their own laws and policies and they dont agree with the regularization of these

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abadis by the Director General. They have various concerns for not agreeing. These concerns may be regarding price of land or the land being required to these bodies for their own disposal etc.

3. Processing There is a problem of processing of regularization files. When the land belongs to district administration, the file comes to the district offices. Here if the district administration has concerns regarding regularization, then meetings are held at various times and this issue is discussed again and again till the time the issue is resolved and it is not resolved so easily. So, this leads to an immeasurable delay at times and the processing takes a lot of time. Similar is the case of autonomous bodies. Red tapism of the bureaucracy further slowed down this process.

4. Political There are some political issues involved in the process also. Political figures are always concerned with their own vote bank and they dont care for the policies of Director General, District Administration or Autonomous Bodies as the case may be. These politicians, sometimes, ask the concerned authorities to regularize these abadis for very low and unreasonable price which the authorities are unable to do. This hampers the regularization process. Again the authorities may not be regularizing katchi abadis for various reasons i.e. the land being needed to Govt etc.

5. Land Mafia There is a group of persons connected with the property business who occupy land in katchi abadis by showing themselves being poor and entitled. They get such property regularized and sell it at a high price thus making profits at the expense of needy people. Their involvement puts the deserved persons out of the land and the valuable public land is also, thus, wasted. This had made the authorities reluctant to regularize katchi abadis and sometimes such regularization is delayed for a long time. This mafia also includes the non-deserving people who occupy such lands. These can be persons residing in villages who have their homes in villages as well as the serving or retired employees of public departments who know the pros and cons of their departments and can easily occupy public lands.

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6. Lack of a Uniform Policy In Punjab, at the same time, the Housing Authority, Lahore Development Authority and DG (KA & UI) are running housing scheme and granting propriety rights to people. Because of their separate working areas, each authority has its own policy of initiating housing schemes and a uniform policy for the same purpose is lacking. The lack of a separate department and a uniform policy for housing schemes hinders the process of regularization of katchi abadis.

7. Critical Analysis
Katchi abadis has been an issue since the birth of Pakistan. It is made on state land by people who have no shelter and no land. In order to regularise such katchi abadis, the Government of Punjab started their regularization process, first through the Local Govt Department till 1987 and then by establishing a separate directorate known as Directorate General (Katchi Abadis & Urban Improvement) Punjab. In this regard, the first and foremost problem is that the state lands in urban areas are captured by people which are valuable and expensive lands and are sold by Govt to such people on nominal rates i.e. Rs.172 per marla. This is a great loss of land and money to state. This process also involves the land mafia who, in the clothes of poor people, capture such lands and after getting ownership rights from the Govt, they sell such lands to other persons for profit. In this way, it has become a property business. The officials of various departments i.e. Railways etc to which such lands belong also collude with the encroachers and it is with their consent that such encroachers capture the state lands. When steps for removal of encroachments are taken by the concerned department, such encroachers go to courts and get stay orders in order to prevent the departments from removing them from state lands. The courts are also very liberal in issuing injunctions to departments not to remove encroachers. Politicians, on the other hand, have their role in preventing the departments from removing encroachments and also in regularizing katchi abadis. They, for the sake of their votes, grants proprietary rights to encroachers of state lands at nominal rates and thus the state lands goes out of the hands of public into private ownership. The encroachers also have, sometimes, the support of local politicians in encroaching the state lands.

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These encroachers might be the nears and dears of politicians and might not be the poor and deserving people. The retired employees of various Govt departments are also involved in encroaching public lands. It has come to our knowledge during field visit that the retired employees of Railways department occupy railways land as they consider it their right and then get ownership rights in the process of regularization.

8. Conclusion
The key legal characteristic that delineates a squatter settlement is its lack of ownership of the land parcel on which encroachers built their houses. These could be vacant government or public land, or marginal land parcels like railway setbacks or undesirable marshy land. Thus when the land is not under productive use by the owner, a squatter for building a house appropriates it. In many parts of Asia, a land owner may rent out his land for a nominal fee to a family or families, with an informal or quasi-legal arrangement, which is not, however, valid under law. In Pakistan, state land falls an easy prey to encroachments because of the negligence of public authorities in protecting these lands, involvement of politicians, connivance of officials of public departments and inefficiency of the Govt. Needy and shelterless people require homes the provision of which is the duty of state. As the state doesnt provide them lands in rural areas so they occupy lands in the prime locations of urban areas which are valuable. The state land needs to be protected from encroachers by the Govt so that loss to the exchequer could be prevented.

9. Recommendations
On the basis of what has been mentioned above, this group suggests the following recommendations with respect to regularization of katchi abadis as well as removal of encroachments: i. Increase in Price of Land

The poor and shelterless people are the ones who encroach state land and occupy it for dwelling purposes. These people dont have the necessary finances to own land so it becomes the duty of state to provide them shelter. But the price at which currently the land is sold to them is very

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nominal and results in loss to the exchequer so this amount may be increased upto Rs.2000 per marla so that on the one hand, the people would be able to purchase it and on the other, loss to the exchequer would be minimized. This would also minimize the chance of land mafia to use the regularization process for income and profit purposes. To enable the dwellers to pay this increased amount, the Govt may give them the option to pay the price in easy instalments. ii. Shifting to Rural Areas

It has been always the practice that katchi abadis are developed in urban areas. These are very expensive and valuable public lands and encroachers are attracted here due to this reason. In this regard, the Govt needs to devise a policy of shifting these dwellers to public lands situated in rural areas which are less expensive. This process, if effected, would avoid the possibility, in future, of land mafia and other such kind of encroachers who are not the deserving. It would save the expensive state lands from permanently occupied by encroachers and would also prevent the increase in urban population and the unhygienic conditions in urban areas caused by katchi abadis. For this purpose, the Govt may initiate public housing schemes in rural villages and may encourage the poor people to construct houses for themselves on self-help basis. iii. Not More than One Home

It has been observed, and is the practice, that one person in katchi abadis can occupy and own more than one homes. It is a bad practice and needs to be discontinued. This practice enables one person to have more while leaves the others destitute. People are grabbing public land and are utilizing it beyond their necessities to the exclusion of other poor people. The Govt needs not let them grab the state land. In this respect, amendments in relevant law are the need of the hour to put a restriction on a person to own not more than one house in katchi abadis so that the needy and deserving persons can have a home. iv. Ousting Land Mafia

The main problem creating factor involved in the process of regularization of katchi abadis is the involvement of land mafia in this process. It is gang whose business is the property dealing and grabbing of land and making profits out of such lands. Not every person in katchi abadis is a poor and needy, there are persons who occupy such land for the purpose of making profits. The

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Govt needs to ensure that such land mafia are ousted from katchi abadis. In this regard, the Govt needs to form a committee and an anti-encroachment cell at the Tehsil level whose duty would be to identify such land mafia and remove them from state land. The other job of this cell could the launching of awareness campaign in public for the purpose of protecting state land from being encroached by unauthorized and illegal persons. v. Establishing a Separate Department

Currently, the departments involved in housing schemes are Housing Authority, Lahore Development Authority and DG (KA & UI). All are working parallel and are initiating housing schemes/allotting houses to people. This has led the process from bad to worse. The Govt needs to establish only one separate department whose duty would be to launch public housing schemes, provide houses to people and give them ownership rights. Such department would devise a uniform housing policy which would enable the Govt to handle the housing issues in more proper and uniform way. vi. Raising Multi-Storey Buildings

If the Govt decides to keep the residents of katchi abadis in urban areas, then it needs to construct high rise and multi-storey buildings. When these people are put in such buildings, they will occupy less amount of land and resultantly, valuable urban public land would be saved. Such buildings should be in conformity with the urban policies, rules and regulations as to the restrictions upon high rise buildings upto a certain limit. vii. Coordination between Federal and Provincial Agencies

There should be coordination between the provincial and federal departments. While vacating state land of any federal department full support and coordination be provided by provincial law enforcement agencies. Because state land belong to all and every segment should responsibly play its role in vacating the encroached state land. viii. Public Schemes in Urban/Semi-Urban Areas

Government should provide schemes like Jinnah abadis in urban areas as well. This will help in lessening the rapid growth of katchi abadis. When a piece of land along with utility services will

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be provided in the outskirts of the cities, then the prime land within the cities will be saved from encroachments. One other example on the same pattern is the Hyderabad project of Khuda Ki basti which is based on self-help. The Govt may urge dwellers to arrange for their homes under such project on self-help basis. ix. Strong Check of Lower Official by Superiors

The authorities of each public department should have a strong check on the lower officials of the department so as to ensure that they have not connived with the encroachers. No encroachment can be made on public land so easily without such connivance of the officials. The only way out in this regard is that their work should regularly be monitored and checked by their superior officers and strict action should be taken against any official who is found indulged in such connivance. x. Earliest Removal of Encroachments

Each department should ensure that `any encroachment on public land id removed at the earliest because as time passes, the encroachers strengthen their possession by taking further steps like permanent buildings on such lands and then it becomes very difficult for the authority to remove them. Rather the authorities are then compelled to give them ownership rights on payment of nominal charges which are much below than the actual prices of the lands.

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References:
1. Texts of relevant laws mentioned 2. PLD 1950 Pb. P.1022 3. The Punjab Katchi Abadis Act, 1992 4. Policy Instructions of Punjab Govt for Regularization of Katchi Abadis, 1985 5. Office of DG (Katchi Abadis & Urban Improvement) Punjab 6. Notifications Issued From 1985 to 2011 7. Resource Persons i.e. Director Katchi Abadis, LDA, DG Katchi Abadis Punjab, Deputy Secretary Railways, Lahore and District Co-ordination Officer Lahore 8. Housing Issues in Urban Development of Pakistan by Prof Dr. Shabih Ul Hassan Zaidi. 9. Urban Encroachment by IPIECA