SHC directs Sindh govt to preserve Kirthar National Park

The Sindh High Court (SHC) has directed the Sindh government to ensure that the entire area within notified boundary of the Kirthar National Park should remain preserved and not put to any other use.

Disposing of a petition against alleged encroachments and allotment of land in the protected park, a division bench of the SHC headed by Chief Justice Ahmed Ali M Sheikh warned the officials concerned that legal proceedings would be initiated against them in case of violation of the court order.

The Sindh chief secretary filed an affidavit in the case submitting that in accordance with the notification dated January 31, 1974 by the wildlife and forest department, an area of 1,192 square miles in Karachi and Dadu had been declared as the Kirthar National Park.

The chief secretary added that there was no boundary overlap or any housing scheme within the park. He said that directions had been issued to the relevant authorities to ensure that the entire area remained protected.

Taking the affidavit on record, the high court directed the provincial government to keep the park preserved and not divert its land to any commercial or residential use. It added that in case of failure, the officials concerned would be liable to appropriate legal proceedings.

The petitioner, Syed Mehmood Akhtar Naqvi, had claimed that some portion of the Kirthar National Park had been encroached while some had been allotted to a private builder for a housing scheme. Contending that such uses were unlawful, he requested the court to direct the authorities concerned to clear the park area.

Plea against penalty

Meanwhile, the SHC issued notices to the federal government, ministry of finance and others on a petition against amendments to the Custom Act and imposition of 100 per cent penalty on import items.

The petitioners, Mohammad Bilal and others, submitted that the federal government had made amendments to the Custom Act through the Finance Act 2023 and in view of such amendments, 100 per cent penalty would be imposed on such import items.

The petitioners’ counsel submitted that the government itself by issuing custom general order CGO 11 of 2006 had provided mechanism for the import of old and used auto parts while making payment of duty and taxes and 20 per cent fine.

They submitted that the CGO was still in force but on account of impugned amendment, it had become ineffective.

A division bench of the SHC headed by Justice Aqeel Ahmed Abbasi after the preliminary hearing of the petition issued notices to a federal law officer, ministry of finance and others and called their comments by September 26.