SHC orders home dept to impose Section 144 for removal of encroachments from housing society
The Sindh High Court has ordered the home department to impose Section 144 of the CrPC in the vicinity of Bijnour Cooperative Housing Society for the removal of encroachments in the area.
The direction came during a hearing of petition with regard to the removal of encroachments from the housing society.
A division bench headed by Justice Nadeem Akhtar took exception to non-compliance of a court order that directed the District East deputy commissioner to remove the encroachments with the assistance of the Sindh Rangers.
The DC filed a report with the court submitting that the Rangers did not provide any force while the police force was insufficient. He said that the Karachi Metropolitan Corporation refused to provide machinery for the demolition and removal of encroachments.
The petitioner’s counsel submitted that no action has been taken by personnel of law enforcement agencies for compliance with the court orders. The law officers of police and Rangers submitted that the requisite force was provided to the local administration.
The court observed that it appears that there was lack of coordination between the office of the deputy commissioner and law enforcement agencies and due to that reason the order of the court could not be complied with.
The counsel for the parties suggested that the operation against the encroachments should be carried out in the supervision of the Nazir of the court. The court directed the deputy commissioner to implement the order of the court in the presence of the Nazir of the court who shall oversee the entire operation and submit his report with relevant photographs.
DSR Sindh Rangers and the SSP East undertook that an adequate force shall be provided by them to the deputy commissioner to ensure compliance with the court order without any law and order situation at the site. The court directed the Nazir of the court to conduct a meeting with the DC and other personnel of law enforcement agencies to carry out the plan and operation for the removal of the encroachments.
The DC requested the court to direct the home department to impose Section 144 in the subject vicinity during the operation for the removal of encroachments.
The court directed the home department to impose Section 144 in the subject vicinity for the purpose of the encroachment removal operation. It also directed the director anti-encroachment of the KMC and the Sindh Board of Revenue to provide adequate machinery for the demolition and removal of the encroachments. The court directed the DC and others to submit the compliance report by February 13.
