SC directs uninterrupted anti-encroachment drive in Karachi

KARACHI: The Supreme Court has directed the Karachi Metropolitian Corporation, Karachi Development Authority, Sindh Building Control Authority to demolish all unauthorised constructions in the city, including those on the amenity lands and parks subject to the existing laws.

Issuing a detailed order on a petition against the encroachment at amenity plots and public parks, the Supreme Court’s three-member bench headed by Chief Justice Mian Saqib Nisar directed the KMC, KDA and SBCA to give six weeks eviction notice to those residing on unauthorised construction at amenity plots, public parks and other public lands prior to the demolition.

The court ordered the civic agencies to show no leniency to anyone found guilty or involved in illegal construction. The court ordered that whenever any demolition is required the law shall be followed in letter and spirit. The court was informed that a consensus has been arrived between the federal, provincial government and Karachi Metropolitan Corporation according to which the demolition of encroachments from public footpaths, public parks, nullahs and amenity plots shall be continued under the Mayor’s supervision in accordance with the court orders. The court was informed that the Sindh government has reiterated its commitment to rehabilitate the effected shopkeepers of the Empress Market and its surrounding areas and ensure to give full consideration to the recommendations given by the KMC. The court also directed the Sindh government to provide Rs.200 million funds to the KMC for removal of debris during demolition drive.

The court directed the registrar SHC to fix the pending litigations about the construction of buildings at public parks in which stay orders were issued by the high court within 10 days before the courts which shall decide the pending litigation within 15 days. The court made clear that if the cases were not decided within the stipulated time the cases be transferred to Supreme Court.

The Supreme Court directed all civic bodies including Karachi Metropolitan Corporation, Karachi Development Authority to continue anti-encroachment drive in the city on amenity land, public parks without any discrimination and ordered that sea shore be made available for recreation. The direction was issued after a high level meeting chaired by senior judge of Supreme Court Justice Gulzar Ahmed at the SC Karachi Registry to review the progress in implementation of the court order about the removal of encroachments.

The SC’s judge also directed the Civil Aviation Authority to remove all encroachments in its respective jurisdiction itself by identifying the sites of encroachments. Justice Gulzar Ahmed also directed the civic authorities to ensure that access be provided to the citizens to the sea shore for recreation and no such construction be raised which may cause difficulty in their access to the shore.

Justice Gulzar also inquired from the cantonment authorities about the status of the Sea Breeze Plaza situated at M.A Jinnah road lying vacant for the last couple of decades and directed the authorities to submit report about the fate of building.

The SC’s judge was informed by the Coast Guard authorities that barricades outside their mess have been removed from the road. The apex court also directed the Rangers to remove the barricades along the road sides placed due to security reasons. The SC judge directed the KMC to restore the public parks in the city.

It is pertinent to mention that SC had on November 28 had directed the Karachi Development Authority, Karachi Metropolitan Corporation to remove over 35,000 illegal encroachments and constructions from 112 sites in the city.