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Thursday November 28, 2024

SHC orders removal of encroachments from along Malir River bank

By Jamal Khurshid
December 14, 2021
SHC orders removal of encroachments from along Malir River bank

The Sindh High Court (SHC) has directed the anti-encroachment authorities, Karachi Development Authority and others to remove all the encroachments on the open strip along with the Malir River embankment in accordance with the law and submit a compliance report.

Hearing a petition of Haji Abdul Rauf and others against encroachments on the Malir River embankment, the high court also restrained private builders from encroaching upon the open strip of land at the front side of Defence Villas facing the Malir River embankment and raising any construction along with the open strip.

The Nazir of the court informed the SHC in his report that constructions of various residential and commercial structures could be seen on the open strip of the Malir River embankment up to distance of 1,000 and 2,000 metres. He added that revenue officials had described such constructions as encroachments on state land.

The Nazir submitted that the road between the open strip of land and the embankment was blocked by debris and construction material towards the end of the Defence Villas and at the start of the Grey River Apartments. The petitioners submitted that some encroachers had been trying to encroach the said road as well which was their direct access to Korangi Road.

A division bench of the SHC comprising Justice Zafar Ahmed Rajput and Justice Mohammad Faisal Kamal Alam restrained the private respondents from encroaching upon the strip of land and raising any construction on it.

The high court directed the Korangi deputy commissioner to appear in person along with comprehensive para-wise comments on the petition. The bench also directed the anti encroachment force director to appear in person along with a comprehensive progress report with regard to the removal of encroachments from the area.

Appeal dismissed

The SHC dismissed the appeal of a convicted man against life imprisonment sentence in a case pertaining to the killing of a Suparco employee.

Ali Hasan had been sentenced to life imprisonment by an anti-terrorism court for killing Suparco driver Mohammad Idrees and injuring security guard during a dacoity bid on July 13, 2016 in the Mubina Town area.

The appellant was later arrested in an injured state. According to the prosecution, the appellant along with the absconding co-accused had tried to snatch cash that was being carried out by the Suparco employees in an official vehicle.

A counsel for the appellant submitted that he was a passer-by who was injured at the time of exchange of fire between a security guard and robbers. He said there were material contradiction in the prosecution witnesses’ statements.

An additional prosecutor general supported the prosecution’s case and submitted that the appellant was arrested in an injured state with an unlicensed weapon and empty shells recovered from the crime scene also matched with the pistol.

The high court, after hearing the arguments and perusal of the evidence, observed that the prosecution had proved its case against the appellant as eyewitness had identified him as one of the accused who fired on them to steal the cash. The SHC dismissed the appeal and maintainedlife imprisonment sentence of the appellant.