SHC orders removal of encroachments from footpaths, greenbelts in Sohrab Goth

The Sindh High Court (SHC) has directed the East deputy commissioner, anti-encroachment cell and other civic authorities to restore the entire public property in the Sohrab Goth area, including service roads, green belts and footpaths, to its original position as per the master plan and remove all types of encroachments from public properties.

The direction came on a petition against illegal parking and encroachments on public spaces and greenbelts in Sohrab Goth and other areas of District East.

A division bench of the high court headed by Justice Nadeem Akhtar observed that it was well-settled that public property was meant for the use, enjoyment and benefit of the general public and could not be used by any person or authority.

The SHC observed that the government and municipal authorities and all their functionaries were duty bound to keep the public property free from all types of encroachments and claims.

The bench observed that encroaching upon a public property was a crime under the Sindh Public Property (Removal of Encroachment) Act 2010 and the encroacher of a public property was liable to punishment provided in the Section 8 of the law.

The high court observed that any crime against public property was a crime against the public and the Supreme Court had also ordered protection of public properties from misuse and encroachments in its various judgments.

The bench observed that it had been cleared from the perusal of record and reports by the East deputy commissioner that the subject public property was under encroachment and such encroachments always reappeared whenever they were removed.

The SHC directed the Karachi Metropolitan Corporation (KMC) and East deputy commissioner to restore the entire subject public property, including service roads, green belts and footpaths, to its original and actual position as per the master plan and remove all sort of encroachments within a month.

The high court also directed the provincial inspector general of police and Rangers director general to ensure compliance with the court order in letter and spirit by providing adequate force, support and protection to anti-encroachment officials at the time of removal of encroachments.

The SHC directed the police chief to ensure proper deployment of traffic police to prevent unauthorised and illegal parking of commercial vehicles on any part of the subject public property.

The bench also ordered the anti-encroachment force to register FIRs against the encroachers under the Section 19 of the Sindh Public Property (Removal of Encroachment) Act. The high court directed the petitioner to implead the KMC and District Municipal Corporation (DMC) concerned as respondents in the petition which shall file their comments on it.

The SHC directed the KMC and DMC to submit a report on the expeditious development and beautification of the subject green belt for its actual purpose.

The East deputy commissioner had earlier submitted that the encroachments on the subject public property were of temporary nature that were made by the encroachers on a daily basis and no illegal construction was found at the public property. He had submitted that cabins and temporary offices constructed on public property which were being used as booking office for commercial vehicles and parking of the commercial vehicles were the main source of encroachments, due to which numerous vendors had also encroached upon the public property to sell their products.

He had suggested that the traffic DIG be directed to ensure that commercial vehicles were not parked on the public property and civic authorities be directed to ensure proper plantation on the greenbelt.