KARACHI: The Supreme Court has directed the Sindh chief secretary to take over the affairs of SBCA and submit a detailed report about SBCA's approval of allowing construction of ground plus two floors in the last 10 years along with names of owners, addresses and status of building and names of sanctioning officers of SBCA.
The court observed that the SC while exercising jurisdiction under Article 184 (3) of the Constitution has all the powers and jurisdiction to declare acts of public functionaries in utter violation of the law, to be unlawful and void ab initio and cancel the documents of transaction of lease, transfer or selling of property or land. The direction came on an interim order issued by the SC’s three-member bench headed by Chief Justice Gulzar Ahmed in the encroachment of amenity land case.
The bench observed that it is generally complained that the SBCA gives permissions to raise illegal constructions and buildings in Karachi on receiving illegal gratification and the DG SBCA appears to be privy to this, while the police and other government officials give protection to these officials. The court observed that in so many court orders it has been noted that SBCA has become a cause of serious damage to the city of Karachi for the gains of its staff.
The court observed that it is high time that Chief Minister Sindh should look into the matter and take immediate measures for overhauling the SBCA. The court observed that as a first step the Sindh government must remove the top officials of the authority including the DG SBCA and replace them with some honest persons who can perform their jobs with propriety, honesty and in total obedience of the law. The court observed that no further exploitation of the rights of the people of the Karachi shall be tolerated. The court directed the chief secretary to take over the affairs of SBCA and deal with the same as per the law of buildings. The court directed the chief secretary to submit a detailed report about SCBA's approval of allowing construction of ground plus two floors in the last 10 years along with names of owners, addresses and status of building and names of sanctioning officers of SBCA. The court directed advocate general Sindh to submit a report on remedying the issue of illegal constructions and rehabilitating the affected people in a proper manner.
On Karachi Circular Railways and local trains, the court directed secretary Railways to submit the decision of Executive Committee of the National Economic Council about handing over the operating and running of the Karachi circular trains and local trains to the Sindh government. Regarding Katchi Abadis, the court observed that the attorney general of Pakistan and advocate general Sindh had said that the federal and provincial governments were planning to relocate the residents of the slums to appropriately constructed buildings.
Regarding allotment of Karachi Port Trust land for residential or commercial purposes, the court observed that the KPT Act the Board of Trustees have no power to lease out, transfer or sell KPT property for residential purposes to its staff. The court directed cancelling these transactions. The court ordered that all such land be immediately reverted to the port of Karachi and to be used strictly in accordance with the KPT Act.
The court observed that many multistory buildings were constructed in P&T Colony on the land of federal government and open amenity lands which were unlawful and must be restored to the original status of the land. The court directed the attorney general to remove all illegal constructions. The court observed that whoever is dislocated from P&T colony the federal government shall take steps to resettle them at other places without payment of any premiums. The court also directed the cantonment board Clifton and federal government to submit compliance report within six months.
The court also issued directions with regard to preservation of Kidney Hill park, Hill Park, Bagh-e-Ibne Qasim, Nahr-e-Khayam and beautification of Shahrae Quaideen and other amenity land and directed federal, provincial and local administration to submit compliance reports.
