KARACHI: The Supreme Court (SC) on Monday observed that mafias were financing the governments as they knew no action will be taken against them due to monetary benefits they gave to the governments.
Hearing petitions against illegal encroachments on public parks, amenity lands, revival of Karachi Circular Railways and unauthorized multi-storyed buildings in Karachi, the SC’s three-member bench, headed by Chief Justice Gulzar Ahmed, took an exception over lack of administration and poor governance in Karachi and observed that the government's writ does not seem to exist in Karachi.
The court observed that mafias were operating without any fear of the government writ and government functionaries were reluctant to take any action against them as they knew that they will stop their financing and monetary benefits.
The court observed that the city was facing a disastrous situation and it has to be handed over to some capable administration. The court observed that writ of the law is not applicable in Karachi while the chief minster Sindh was only seen visiting places on helicopter adding that neither municipal nor provincial government did anything for betterment of the city.
The court deplored that the Sindh government could not even take action against the KE though eight to 10 persons were killed due to electrocution. The court observed how an electric company has dared shut down electricity of the city and no action was taken against it. The court summoned the chief executive officer of the KE to appear before the court and observed that the court will see how electricity is closed down in the city.
The court observed that there will be no closure of electricity and if anyone dies due to failure of electricity, then FIR will be lodged against the CEO of the KE and names of responsible persons will be placed on the Exit Control List.
The court took an exception over the performance of KE for its frequent loadshedding in different parts of the city and observed that the National Electric Power Regulatory Authority should have taken control of the KE as it had failed to provide uninterrupted electricity to Karachi.
The CJP remarked that KE was gaining profits worth billions of dollars from Karachi and cleared its debts obtained from foreign financial institutions. The CJP observed that Karachi was a lawless city where every institution and department was master of its own will and every department has its own criminal procedure, penal laws and constitution.
The Chief Justice observed that the Sindh government, local bodies departments were the biggest enemy of the Karachi.
The CJP took an exception over the performance of Mayor Karachi Waseem Akhtar and observed why he remained in the office and why did not he consider resigning and leaving the office when he could not deliver to the masses. The court observed that previous mayors of the city had destroyed Karachi and everybody was blaming each other and interested in destroying the city instead of protecting it. The court observed that infrastructure of the city had collapsed as children were dying in the open manholes while the government functionaries remained indifferent towards miseries of citizens. The court directed the commissioner Karachi to remove all billboards and hoardings from public properties of the city and examine the advertisement boards on private properties and remove billboards which were dangerous and did not fulfill the approved standard of the law.
The court took an exception over non-arrest of District Municipal Corporation’s officers involved in hoarding board falling case and directed the SSP South to arrest them and produce before the court. The court was informed that FIR of the billboard that fell near the Hotel Metropole building has been registered and disciplinary action has been taken against responsible officers who allowed permission for installation of such a billboard at the private building.
The court took an exception to delay in completion work of the Karachi Circular Railway despite the court order since June 2019 and it had to be completed in this year. The court directed railways and the Sindh government to complete the exercise within six months. The secretary railways submitted that nine-kilometer track has been cleared from encroachments while the remaining work has been halted due to non-construction of 10 underpasses agreed by the Sindh government.
The secretary transport submitted that the government has allocated Rs3 billion funds for construction of underpasses at KCR track for smooth functioning of KCR and tender process will be started within a week and underpasses will be completed within six months. He said that 14 other places were also examined but there was no need of underpasses at such places and manual measures could take care for smooth functioning of KCR.
The court observed that in case such manual arrangements were not found suitable, then the Sindh government shall proceed construction of underpasses in such places within the shortest-possible time. The court also directed the Sindh government to complete the fencing of necessary parts of the tracks within three months.
The court directed commissioner Karachi to complete the demolition exercise of Royal Park Residency, which was illegally constructed on two acres of land near the Alladin Park within three months. The court also issued a notice to foreign national owner of the land to file comments on application of allottees with regard to return of their outstanding dues along with 10pc interest rate.
The court directed commissioner Karachi to remove illegal construction of houses and a private school at Hill Park and Kidney Hill areas. The court observed that plots in question were part of the Hill Park area and property of KMC instead of PECHS; however, owners of the plots were free to claim their money from concerned authorities as per law.
The court observed that private schools cannot be allowed to operate on amenity land and directed private school administrations to remove the structure of building and return to the education society from which it took possession for running the private school. The court observed that private schools were operating in several residential houses in North Nazimabad and other parts of the city.
Regarding the construction of multi-storyed building at Com-3 situated at Benazir Park in the Boat Basin area, the court issued a notice to director general Karachi Development Authority to file the relevant report with regard to complete history of the plot along with necessary documents including maps.
The private builder’s counsel submitted that Com-3 was a commercial plot and construction of multi-storyed commercial cum residential building was permissible under the law. Shehri representative Amber Ali Bhai submitted that Com-3 was not a commercial plot as claimed by the applicant and the subject plot was created for amenity and recreation purposes of the Benazir Park’s visitors.
On encroachments at Shahrah-e-Qaideen, the court directed the commissioner to remove encroachments from Shahrah-e-Qaideen and Khudadad Colony and beautify the greenbelts and amenity land with plantation and greenery. The court observed the Lines Area should be revamped by creating reasonable accommodation for the residents of the area. The court observed that Lines Area was once a beautiful area of the city but later on allotments of land were given without any proper documentation.
The court directed the Civil Aviation Authority to complete the park at Jinnah Airport within six months and no further commercial activity or construction will be allowed in 130 acres land meant for the park.
The court directed lessees of the dilapidated Sea Breeze Plaza to deposit cost of retrofitting of the building before the court within two months. The counsel of Sea Breeze Plaza lessee submitted that their clients were prepared to get the building repaired through retrofitting to make it habitable and willing to incur the cost of repair. The representative of NESPAK submitted that retrofitting of the building can be done but it could cost up to Rs500 million. The court directed the counsel of the Sea Breeze Plaza lessee to deposit Rs50 million within two weeks while remaining Rs.450 million are to be deposited within two months as the consultants of NESPAK and Pakistan Engineering Council carry out repair of the building and ensure that the building shall not become any threat to the people or occupants for habitation.
The court also stayed the construction activities at the Karachi Gymkhana on application of commissioner Karachi. Advocate General Sindh submitted that KG was a heritage building and maintained by the heritage law and rules.