KARACHI: The Supreme Court on Monday directed the relevant authorities to hand over the Askari Park at the old Sabzi Mandi to the Karachi Metropolitan Corporation (KMC) within two weeks.
Hearing a petition against encroachment of public parks and playgrounds in Karachi, the Supreme Court’s two-member bench, comprising Chief Justice Gulzar Ahmed and Justice Qazi Mohammad Amin Ahmed, ordered that all activities, including holding of functions and marriages in the park, shall immediately be stopped and construction, if any is made, shall be removed forthwith.
The court observed that the park was given for maintenance. The institution should stay away from commercial activities which cause embarrassment.
The court observed that applicant Naveed Ahmed, Chairman of Human Rights Protection International, submitted that the park land was being used illegally for commercial activities, including shops and marriage halls, in violation of the agreement. The counsel of relevant authorities submitted a report that generation of revenue from food court, parking, children rides and marriage hall has now been stopped. He submitted that the space previously usedfor outdoor gatherings was restored to park and it was now open for recreation.
The counsel submitted that if the KMC wishes to reacquire the park, the same will be handed over to KMC. The court observed that the agreement already contains a clause where park land can be reacquired by the city government.
The administrator Karachi submitted that the park needs to be reacquired by KMC, which will ensure that it is maintained for public use without any charges. The court directed the counsel to hand over the Askari Park to KMC within two weeks and KMC shall ensure that the land is used for the purpose of park.
While hearing petitions on removal of encroachments from public parks and playgrounds, the SC’s two-member bench comprising Chief Justice Gulzar Ahmed and Justice Qazi Mohammad Amin Ahmed took exception over the commissioner Karachi for delaying the demolition of Nasla Tower despite the court deadline.
The Supreme Court also ordered disciplinary and criminal proceedings against officials of the Sindh Building Control Authority for unlawfully approving the building plan of Nasla Tower. The court also ordered attachment of Nasla Tower’s 780 square yard land and directed official assignee of the court to secure the Nasla Tower land for payment of compensation to the allottees.
Chief Justice Gulzar Ahmed inquired the commissioner Karachi as why the demolition could not be completed despite court directives. While submitting the compliance report, the commissioner Karachi said five upper floors were demolished and remaining building will be demolished at the earliest. He mentioned that the SBCA tried to stop the demolition and its staff demanded bribe from the contractor conducting demolition, besides threatening him and instilling fear among the labour. The SBCA also did not allow operation of jackhammer.
Justice Qazi Amin observed that why the legal process was not adopted against those hindering the court orders which was why the non-state actors were acting in the country. The director general SBCA denied allegations levelled by the commissioner Karachi in his report.
The court observed that there was a written proof of the fact that the SBCA tried to defy the court orders which is liable to initiation of contempt of court proceedings. The court issued show cause notice for initiation of contempt proceedings. The court also directed the Anti Corruption Establishment to register a case against the SBCA officials and other government departments, who indulged, convened and abetted in approving the construction of Nasla Tower as such building was allowed to be constructed in gross violation of the law. The court observed that the chairman ACE shall submit a report regarding action against the SBCA officials within one week. The court directed the commissioner Karachi to complete the demolition work within one week by taking assistance from all available resources warning him non-compliance shall be exposed himself for contempt of court proceedings.
Attorney General Khalid Javed Khan submitted that official assignee of the court be appointed to protect the interest of the affectees of the Nasla Tower, while the officials of SBCA, builder and others may be proceeded under anti corruption and penal laws for approving the building plan.
The court was informed that allottees of the Nasla Tower were left without any source of compensation and the builder was not coming forward to make payment of compensation to the allottees.
The court observed that the allottees are entitled to payment of compensation and the only source available is the Tower’s plot-193-A of Sindhi Muslim Cooperative Housing Society measuring 780 square yards. The court ordered attachment of the plot and appointed official assignee of the high court to secure the plot. The court observed that the Nasla Tower was built after the approval from SBCA and other government departments, including SMCHS. The court observed that owner of the building, builder and the officials of SBCA and SMCHS are liable to be prosecuted for approving and allowing the illegal construction of the Nasla Tower. The court observed that all of them were prima facie guilty of the commission of the offence under various provisions of the Pakistan Penal Code and they are liable to be proceeded. The court directed the DIG East to register FIR against all those responsible for Nasla Tower’s construction.
The Supreme Court also issued notices to administration of Madina Mosque administration in PECHS and directed them to explain as how the park was converted into a mosque.
The court observed that the layout plan of PECHS was filed before the court which shows that plot number AP-30 on main Tariq Road was reserved for park, while AP-31 was reserved for club. The court observed that on the park’s plot a mosque was constructed. The bench issued notice to occupants of the mosque and the the Administrator Karachi to explain how the park was converted into a mosque. The court observed that PECHS was issued notice for vacation of shops which was not done. The court directed the assistant commissioner Karachi East to remove all encroachments from AP-31 shown on the layout plan of PECHS as a site of club and have it vacated. The court directed assistant commissioner to ensure that this land was vacated from encroachments and converted into a public park and allowed to be used by the public.
