Karachi be restored to 40-year-old state: SC

KARACHI/ ISLAMABAD: The Supreme Court on Tuesday imposed a ban on the conversion of residential plots and amenity plots for commercial purposes all across Karachi including cantonment areas. It directed DG SBCA to take steps to restore them to its original position as they were four decades ago and remove all illegal constructions from them. The interim order came on a petition about unauthorized construction on evacuee property at Lyari. Taking notice over illegal conversion of residential and amenity plots into marriage halls, shopping centers and other commercial activities, the Supreme Court’s two member bench headed by Justice Gulzar Ahmed ordered that there shall be complete ban on the master plan department of Sindh Building Control Authority or any other authority of the Karachi Metropolitan Corporation and the Sindh government to allow change in the use of land including the pending ones. “No such change of use of land shall be permitted,” the court observed. “The conversion of residential houses and amenity plots meant for parks, playgrounds and other amenities shall not be allowed for commercial use to build marriage halls, markets, shopping malls, apartments, marques, petrol pumps and CNG stations etc,” the court ordered. It also said all conversions allowed by these authorities shall be reviewed and efforts shall be made to ensure that land originally provided in the master plan of Karachi is restored to that status.

The court ordered that environmental protection department and all other government department concerned shall ensure that the city of Karachi is restored to that of its original master plan and no deviation from it should be allowed to be made. The court ordered that master plan group of SBCA shall not convert or allow to be converted the use of plot or land from its original use to that of any other use and all constructions which are illegally and unlawfully made in the city of Karachi shall be reviewed by the SBCA within period of one month. The court ordered SBCA to submit compliance report within one month recommending how these illegal and unlawful constructed buildings can be demolished and plots and land restored to their original use and how the people occupying such buildings will be compensated and provided alternate accommodation by the SBCA from the funds generated by its own staff.

The court observed that there seems to be an epidemic in the city of marriage halls, shopping malls, petrol pumps/CNG stations and the houses are being allowed to be converted for these purposes. The bench also sought details of wedding halls, shopping malls and plazas constructed in the city in the last 30 to 40 years and sought recommendations from the Sindh government regarding restoring the city to how it was 40 years ago. “Do whatever but implement court orders,” the bench directed. “If the orders are not implemented then we will ask DG Sindh Control Building Authority (SCBA) Iftikhar Qaimkhani to pack up.”

Censuring DG SCBA, Justice Ahmed questioned, “If you can’t work then why are you sitting on the post? Should we give this city to the federal or Sindh government?” “If they cannot run the city then the Sindh government can takeover,” Justice Ahmed remarked. “Does anyone feel ashamed after looking at the condition of this city?” the judge asked. “SCBA officials only care about making billions,” he added. The court observed that DG SCBA and his officers are playing with fire and inquired the DG SBCA as if he had ever seen the lavish living standards of his officers.

The court ordered that encroachments on Jam Sadiq Ali Park, Abdullah Gymkhana and all other public parks be immediately demolished. The court observed that DG SBCA was directed to remove all encroachments including marriage lawns, markets from the Jam Sadiq Ali park but nothing was done in compliance of the directive rather justification was made for commercial activities in the park. The DG SBCA sought four weeks time to restore the park in its original position and demolish all illegal construction in the park.

The court observed that eight-storey buildings have been constructed on government quarters and everyone is involved in making money and the city was destroyed. The court inquired DG SBCA as under which authority and the law the permission of marriage halls and shopping centers constructions have been allowed at every street.

The court observed that accountant general Sindh shall discuss the issue with the DG SBCA as to how payment of emoluments to the SBCA is to be released. The court directed additional advocate general Sindh to take instruction from Sindh government as to how the Sindh government can best address the situation more particularly of taking over the functions of the SBCA including master planning of cities all over the Sindh and submit comments on next date of hearing.

The court directed Chief Secretary to appear and make statement in this regard. The DG SBCA submitted that inquiries have been initiated against officers with regard to unauthorized buildings construction in Lyari and sought one month time to submit the report. The court observed that besides Lyari illegal constructions have been raised all over the city of Karachi. The DG SBCA submitted that he was also taking up the matter and will proceed against all officials of SBCA who have played havoc with the city in allowing illegal, unplanned and filthy buildings in the city to the builders who even do not care to ensure that buildings are maintained after it is constructed and occupied as most of the buildings in the city are crumbling down with seepages and without paint. The court observed that all sort of additional construction of working have been made in multistory buildings which gave ugly and destructive look to the city. The court observed that it is for the government to ensure that reasonable safe and good living is provided by the state by building and zoning the city in appropriate manner with playgrounds, schools, colleges, universities and hospital easily accessible to the citizens with roads and transport.

The apex court also took exception over construction of officers club and marriage halls on the Karachi Water and Sewerage Board’s land at Shahra-e-Faisal meant for amenity purposes. The court observed that construction of the club and allowing of marriage functions on such land was not permissible by the law and should be stopped forthwith. The court ordered demolition of the club building or any other construction at KWSB land at Shahra-e-Faisal and observed that the land shall be converted into public park including plantation of trees.

The DG SBCA Iftikhar Ali earlier admitted before the court that much wrong has been done to the city and such wrong is still continuing in that amenity plots, meant for parks, playgrounds and other amenities are being allowed to be occupied.

Meanwhile, the Management of Bahria Town on Tuesday offered payment of Rs358 billion for some 16,896 acers of land in its possession in Karachi project.

A three-member implementation bench of the apex court in the Bahria Town Karachi case judgment headed by Justice Sheikh azmat Saeed heard the case.

Barrister Ali Zafar along with Khwaja Tariq Rahim, Barister Aitizaz Ahsen, counsel for Bahria Town, appeared before the court while Prosecutor General National Accountability Court Syed Asghar, Additional Attorney General Tariq Khokar as well as director and other officials of Survey General of Pakistan appeared before the court.

Barrister Ali Zafar submitted before the court that in pursuance of the court’s directions they have submitted offers of payment regarding Bahria Town Karach, Rawalipindi as well as Muree projects.

He said although the management of Bahria town has so far received an income of Rs492 billion; however, it is willing to Rs358 billion for the legalization of some 16,896 acers of land in its possession in Karachi project. He said that for 7088 acers of land, the management is ready to pay Rs150 billion while for 9,000 acers of land it is offering Rs208 billion, adding that the payment will be ensured in installments within a period of 8 years.

Justice Sheikh Azmat Saeed, dictating court’s order, observed that the offer made by the management of Bahria Town appears to be unreasonable. This prompted Khwaja Tariq Rahim another member of legal team of Bahria Town, requesting the court not to mention the said observation at this stage of the court order. He said that court may include this observation at the conclusion of the instant matter. The court however, rejected the request of the counsel of Bahria Town.

Justice Sheikh Azmat Saeed asked Barrister Ali Zafar to go back to his client and seek instructions from him regarding increase in the offer of the payment.

Justice Sheikh Azmat Saeed recalled that in 2014, the court had set Rs225 billion as the amount to be paid in order to legalise 7,068 acres of land. He observed that if one marks that up by 40 per cent to account for inflation, other factors, the number comes up to Rs315 billion.

Ali Zafar submitted that they have been regularly abiding by the orders of the court adding that they have decided to offer final offer of Rs358b for 16,896 acers of total land in its possession.

The court then observed that it would hear the federal and Sindh governments as well as NAB on the matter before ruling on it in the next hearing.

Meanwhile, the court adjourned the hearing until January 29 wherein offers relating to Bahria Town Rawalpindi as well as Murree projects would be taken into consideration. As the court could not termed the offer made by Bahria Town reasonable, it asked the counsel to seek instructions from the management to reconsider its offer.