PM Imran, Sindh CM must revive KCR within six months: Supreme Court

KARACHI: The Supreme Court on Friday directed the federal and provincial governments to make operational the Karachi Circular Railways (KCR) for the citizens of Karachi within six months and warned that the prime minister and the chief minister of Sindh could face contempt proceedings if its orders were not implemented in letter and spirit.

Hearing petitions against illegal encroachments on public parks and amenity lands, for the revival of the KCR, and against unauthorised multistory buildings in Karachi, a three-member bench headed by Chief Justice Gulzar Ahmed observed that neither the federal government nor the provincial government was willing to comply with the court directives.

It directed the Sindh government and the Pakistan Railways to chalk out a programme for the relocation of affected persons facing eviction and settle them in a decent place where all amenities were available. The court directed the railways and the Sindh government to carry out an operation for the removal of encroachments from the KCR land and its land reserved for stations all over Karachi. It directed the secretary railways to issue notices to all occupants to vacate the premises of the railways land within one week.

During the hearing, the chief justice inquired from the secretary railways about the progress on the KCR and asked why encroachments had not been removed yet. The court took an exception to non-compliance with its directives and observed that the secretary railways would be sent to prison for not complying with the directives. The secretary railways said that right of way had been cleared but still there were still encroachments on the land.

The AG Sindh produced a new proposed plan for the KCR and submitted that as per the new KCR project, it will run 12.63 kilometres at grade and 30.75km on an elevated track. He submitted that the total number of railway stations, as per the plan, will be 24, of which 14 will be constructed on an elevation. He submitted that the new project will be financed and constructed by the Chinese government through its construction company with estimated cost of $2 billion.

The court observed that both the federal and provincial governments were not willing to revive the KCR and they were totally dependent on the Chinese government to build and operate the project. The court inquired from the advocate general of Sindh as to who will be responsible for higher fares of the KCR if it was allowed to be operated by the foreign companies.

The court observed that nobody knows who has kept an eye on $2 billion foreign investment and asked the advocate general of Sindh as to what will be the fate of the KCR if the Chinese government backed out of the project. The advocate general submitted that it is a beggars-are-not-choosers-like situation as the provincial government has no other source to generate funds for the project. It observed that there were many wealthy people in the country who could come forward to build such a project but the government functionaries would create hurdles even if any Pakistani businessman comes forward for the project. The court also took an exception over the conduct of the Pakistan Tehreek-e-Insaf opposition leader in the Sindh Assembly Firdous Shamim Naqvi when he tried to address the court on the relocation issue of the KCR land-affected persons and observed that the PTI legislator came to the court to raise a hue and cry although his party was running the federal government. The court observed that it will summon the prime minister and the chief minister Sindh if compliance with its orders were not ensured in letter and spirit.

Taking notice of non-compliance with its directives on removal of encroachments in the Kala Pul area in Mehmoodabad locality, the court inquired from the secretary railways why encroachments had not been removed. The chief justice said that even police and Rangers will not be capable of assisting the railways to remove the encroachments and the army’s assistance will be required to remove them.

The SC directed the federal and provincial government to submit a roadmap in writing about the revival of the KCR for the citizens of Karachi within six months. The court observed that the Sindh government may do whatever it likes with regard to obtaining finances, but the real issue is about the availability of the KCR land as early as possible.

The secretary railways admitted that the KCR land has been encroached on by the railways employees housing society in Gulshan-e-Iqbal. The court directed the secretary railways to issue notices to all occupants to vacate the premises within one week. The court was informed by the advocate general of Sindh that some interim restraining orders have been passed by the high court in KCR land-related matters. The court observed that prima facie interim orders have been passed on documents that appear to be forged documents and such interim orders have no value. It observed that all demolition action will be carried out by the authorities with the aid of all security forces and the compliance reports shall be submitted before the court on a weekly basis. The court directed the secretary railways, secretary planning, chief secretary Sindh, attorney general and advocate general Sindh to appear along with a progress report on March 6, saying that the report shall contain a specific plan for the KCR showing that encroachments have been removed from the KCR land.

The court took exception to the Sindh government’s stance on preparing a new master plan for Karachi, observing that there was no need of preparing a new master plan of the city, which already has its master plan although it has been dumped by the authorities.

The court observed that the Sindh government may stretch the city towards Thatta, Hyderabad, and Hub, but there is no need to design the city on a vertical basis. The court expressed concern over the worsening situation of sanitation in North Nazimabad and observed that the entire North Nazimabad which was one of the prestigious places of the city has been converted into Katchi Abadis.

The Supreme Court took an exception to the sale of the Hyatt Regency site to private brokerage company AKD securities for mere Rs530 million and observed how land worth Rs53 trillion (53 Kharab) could be sold out for mere Rs530 million. It observed that the land of Karachi was not up for sale and observed that the federal government has no authority to sell the government land to the private company. The court observed that it was public land and public laws restrict such sale. The railways legal adviser submitted that the land was allotted to the railways and the same was handed over to AKD securities by the privatization commission in 2004, which was abandoned for the last 16 years and no rent was submitted since 2014.

Chief Justice Gulzar Ahmed observed that railways minister Shaikh Rasheed Ahmed had informed the court about the market value of the property was worth trillions of rupees, which could help to revamp the entire railways.

The Supreme Court issued notices to the advocate general Sindh, Karachi Metropolitan Corporation, Karachi Development Authority, Commissioner Karachi and Karachi Port Trust on an application with regard to the ownership of a multistoryed building adjacent to the Benazir Bhutto Park in Boat Basin area. The court was informed by the counsel of Com 3 builder that Akhlaq Ahmed was out of the country and sought time to file a reply. The applicant’s counsel submitted that land was purchased after completing all legal formalities and such land was disposed of after the judgment of the Supreme Court in the late ‘80s. The court directed the office to place the entire record of the land as well as pending cases at the high court and the judgment of the Supreme Court with regard to the status of the land.