The Sindh Disposal of
Urban Land Ordinance, 2002
Sindh Ordinance No. X of 2002
the 26th March, 2002
No. S.LEGIS: 1(10)12002/:- The following Ordinance
made by the Governor of Sindh is hereby published for general information:---
to regulate the disposal of urban land in the
Preamble:- WHEREAS it is expedient to regulate the
disposal of urban land and to provide for matters ancillary thereto;
AND WHEREAS the Provincial Assembly stands
dissolved in pursuance of the Proclamation of the fourteenth day of October,
1999, and the Provisional Constitution Order No. 1 of 1999;
AND WHEREAS the Governor of Sindh is satisfied
that circumstances exist which render it necessary to take immediate action;
NOW, THEREFORE, in pursuance of the aforesaid
Proclamation and the Provisional Constitution Order read with the Provisional
Constitution (Amendment) Order No, 9 of 1999, and in exercise of all powers
enabling him in that behalf, the Governor of Sindh is pleased to make and
promulgate the following Ordinance:
1. Short title and commencement:- (1) This
Ordinance may be called the Sindh Disposal of Urban Land Ordinance, 2002.
(2) It shall come into force at once.
2. Definitions:- In this Ordinance, unless there
is anything repugnant in the subject or context-
(a) "amenity plot" means a plot or site reserved
for parks, gardens, playgrounds, graveyards, hospitals, schools, colleges,
libraries, community centers, mosques or such other purpose in a scheme;
(b) "authority" means a development authority
established by Government under any law for the time being in force;
(c) "autonomous body" means an autonomous body
under the control of Government or established under a law and includes an
authority, a council or a society;
(d) "builder" shall have the same meaning as
assigned' to it in the Sindh Buildings Control Ordinance, 1979;
(e) "commercial plot" means a plot reserved for
commercial or commercial-cum-residential purpose in a scheme;
(f) "council" means a council constituted under
the Sindh Local Government Ordinance, 2001;
(g) "developer" shall have the same meaning as
assigned to it in the Sindh Buildings Control Ordinance, 1979;
(h) "flat site" means a plot reserved for
constructing residential or commercial-cum-residential flats in a scheme;
(i) "Government" means the Government of Sindh;
j) "incremental housing" means a housing scheme
sponsored by Government or authority or an autonomous body for providing plots
not exceeding eighty square yards for housing purpose;
(k) "industrial plot" means a plot reserved for an
industry including cottage and technology industry in a scheme;
(1) "land" includes plot in an urban area vesting
in Government or an autonomous body;
(m) "market p means the market price at the time
of disposal of land under this Ordinance;
(n) "plot" includes a residential plot, industrial
plot, commercial plot, or flat site in a scheme;
(o) "prescribed" means prescribed by rules or
regulations made under this Ordinance;
(p) "regulation" means regulations made under this
(q) "reserve price" means the value of land
determined under this Ordinance;
(r) "residential plot" means a plot reserved for
constructing residential building in a scheme;
(s) "rules" means rules made under this Ordinance;
(t) "scheme" means a housing scheme sponsored by
Government, an authority or an autonomous body for providing plots to the public
for housing, commercial or industrial purpose;
(u) "shiftee" means a person who is in
unauthorized possession of land and is required to be shifted from such land;
(v) "society" shall have the same meaning as
assigned to it in the Sindh Buildings Control Ordinance, 1979; and
(w) "urban area means any area which is recognized
or declared as such under this Ordinance.
3. Disposal of land:- (1) No land shall be
disposed of except in accordance with the provisions of this Ordinance.
(2) The disposal of land or plots under any law
for the time being in force shall be subject to the provisions of this Ordinance
and the procedure laid down in or under such law, rules or regulations
thereunder shall stand modified to the extent of the provisions of this
Ordinance, rules and regulations.
4. Void Disposal:- The disposal of any land
otherwise than in accordance with this Ordinance shall be void and building or
structure if any thereon shall be liable to be forfeited to Government without
5. Lay out of land:- (1) There shall be prepared a
general layout of the land to be disposed of under this Ordinance.
(2) Such layout shall specify the purpose for
which the land shall be used and the class of buildings, which shall be
constructed on such land.
6. Disposal of plot by Public Auction:- Save as
otherwise provided under this Ordinance or rules-
(a) no plot or flat site shall be disposed of
except by open public auction at a price not less than the market price;
(b) no land shall be exchangeable with any other
7. Disposal of land to Government etc.- The
disposal of land by Government to an authority a council, a society, the Federal
or a Provincial Government or its agency, or by an authority to a council, a
society, the Federal or a Provincial Government or its agency shall be at the
market price through an agreement.
8. Reserve price:- (1) For the purpose of
determining the reserve price, Government shall take into consideration -
(i) the transfer of land similarly situated and in similar use during the past
(ii) the valuation tables notified under the Stamp
Act for the purpose of levy of stamp duty at the time of registration of a sale
(iii) such other modes as deemed fit to provide a
fair basis for assessment of such price.
(2) The reserve price determined under sub (1)
shall be notified in the official gazette.
9. Market price:- Government shall determine and
notify the market price and occupancy value for different areas and for
different land use in the prescribed manner after every two years.
10. Disposal of amenity plot. (1) Amenity plots
shall be disposed of to such person or body of persons of organization in such
manner and on such terms and conditions as may be prescribed; provided that the
amenity plots reserved for health and educational institutions shall be disposed
of through open public auction at a price not less than the market price.
(2) No amenity plot shall be converted to or
utilized for any other purpose for which it is reserved.
11. Conversion of plot. No residential plot shall
be converted for any other purpose except with the prior approval of the
prescribed authority and on the prescribed conditions.
12. Existing leases. Notwithstanding anything to
the contrary contained in this Ordinance a lease of land existing immediately
before the commencement of this Ordinance shall continue on the terms and
conditions mentioned therein:
Provided that such lease on the expiry of its term
shall be liable, to be renewed on payment of the occupancy value determined
under section 9.
13. Scheme for providing plots for various
purpose. (1) A scheme dividing the land in blocks and blocks into plots shall be
prepared for approval by Government if such scheme is not sponsored by
Government, in such manner as may be prescribed.
(2) The scheme along with the sanction order shall
be published in the official Gazette and such publication shall be conclusive
evidence that the scheme is duly planned, designed and sanctioned.
(3) A scheme may be prepared for shiftees and
incremental housing settlements in such manner as may be prescribed.
14. Supervision of Scheme. The implementation of
the scheme supervised by the authority which has prepared or sponsored the same.
15. Payment of charges. All payments under this
Ordinance shall be made in the manner as may be prescribed.
16. Power to make rules. (1) Government may by
notification in the official Gazette make rules for carrying out the purposes of
(2) No rule under sub-section (1) shall be made so
as to provide for exercise of discretionary power to dispose urban land nor
shall the rules contain any provision of relaxation thereof.
17. Power to make regulation. Subject to approval
of Government, an authority or autonomous body may make regulations not
inconsistent with this Ordinance or rules.
GOVERNOR OF SJNDH