Anti-encroachment operation to continue in Karachi: SC

KARACHI: The Supreme Court (SC) here on Wednesday ordered continuation of ongoing anti-encroachment operation in the metropolis.

Chief Justice of Pakistan (CJP) Mian Saqib Nisar hearing the review petitions submitted by Sindh government and others regarding apex court’s orders related to anti-encroachment operation in Karachi said that it must continue in the larger interest of the citizens.

The SC directed the Karachi Metropolitan Corporation, Karachi Development Authority and Sindh Building Control Authority to demolish all unauthorized constructions in the city, including on amenity land and parks subject to existing applicable laws. Experts termed the decision a major development that will bring the city closer to its original shape.

Hearing a petition against encroachments at amenity plots and public parks, the SC’s three-member bench, headed by Chief Justice Mian Saqib Nisar, however, directed the KMC, KDA and SBCA to give six weeks eviction notice to persons residing on unauthorized constructions at amenity plots, public parks and other public lands prior to their demolition. The court ordered the civic agencies to show no leniency to anyone who is found guilty or involved in raising illegal construction in violation of the law. The court observed that the SBCA and KDA were performing duties as per their laws and the court cannot encroach the jurisdiction of KDA and SBCA. The court observed that encroachers on amenity and government lands are a menace for the society and no sympathy should be shown to them. The chief justice rejected the application filed by the shopkeepers of the Light House area observing that the court has no sympathy with persons who occupied the state land.

The court observed that it was not acceptable that people came to Karachi from Khyber Pakhtunkhwa, Balochistan and other parts of the country, occupied amenity lands in the city and became a mafia.

The court observed that it will not accept such mafias which were encroaching the public properties. Attorney General of Pakistan Anwar Mansoor Khan informed the court that a consensus had been arrived between the federal, provincial governments and Karachi Metropolitan Corporation according to which the process of demolition of encroachments from public footpaths, public parks, nullahs and amenity plots, which was entrusted to the mayor Karachi, shall be continued under the mayor’s supervision strictly in accordance with the court orders. He said the Sindh government reiterated its commitment to rehabilitate the affected shopkeepers of the Empress Market and its surrounding areas and ensure to give full consideration to the recommendations given by the KMC.

He said the Government of Sindh had received a request for grant of aid of Rs.200 million to meet the expenditure such as removal of debris from around the Empress Market and its surrounding areas. Advocate General Sindh Salman Talibuddin submitted that the Sindh government shall consider meeting the shortfall and for that purpose he requested the court to direct the federal government for their contribution. The court, however, turned down the request of the provincial government and directed the Sindh government to provide Rs.200 million funds to the KMC. Justice Faisal Arab observed had the Sindh government not closed its eyes on illegal constructions and encroachments, such destruction would not have happened. The mayor Karachi reiterated the commitment made to the court that no buildings used for residential purposes other than those on public parks and amenity plots shall be demolished by the KMC. He said that residents of such buildings on amenity plots and public parks shall be given at least 15 days notice prior to demolition so that they could make alternate arrangements. He said the mayor Karachi shall continue to keep the commissioner Karachi informed daily of all demolition to be undertaken pursuant to the court orders.

The Sindh government also sought a restraining order against the Karachi Development Authority and Sindh Building Control Authority from demolishing residential buildings, which were not located on amenity plots or on public parks, under the garb of SC orders.

The court ordered that no any demolition conducted by the SBCA and KDA shall be made without providing six weeks notice to the residents of unauthorized construction. The court observed that all buildings constructed unlawfully may be demolished subject to existing applicable laws and civic agencies shall follow the laws.

Mayor Karachi Waseem Akhtar submitted details of pending litigation in the Sindh High Court and other subordinate courts with regard to construction of buildings at public parks in which stay orders were issued by the high court.

The court directed the registrar SHC to fix the pending litigations within 10 days before the courts, which shall decide the pending litigation within 15 days after fixation of the cases.

The court made clear that if the cases were not decided within the stipulated time, the cases be transferred to the Supreme Court, which will decide the same after issuing notice to concerned parties. The court warned that any violation of the court orders will be considered as disobedience of the court and will cause serious repercussions.

Filing details of demolished markets and shops in the ongoing anti-encroachment drive, the KMC submitted that 2,234 shops have been demolished at the Empress Market, Arambagh Park, Jehangir Park, Ali Dina water course, Musleuddin Park while 1,341 shops were to be removed from the Garden Market and Lea Market areas.

The KMC submitted that it rehabilitated 1,470 shops in its own markets on different locations, however, it requested the Sindh government to accommodate the remaining 2,105 shops at Parking Plaza, Lines Area, plot in front of Parking Plaza and Sindh government’s land behind the Boulton Market and Kharadar police station at MA Jinnah Road.