KDA told to demolish illegal constructions in Mujahid Colony

The Sindh High Court (SHC) has directed the Karachi Development Authority (KDA) to demolish illegal constructions in the North Nazimabad neighbourhood’s Mujahid Colony strictly in accordance with the law, including but not limited to any construction that exists on the 150-foot-wide road that is shown in the colony’s master plan.

The direction came on the petitions of Mujahid Colony residents who have challenged the demolition exercise in their area. They said the KDA has started an anti-encroachment drive in Mujahid Colony without examining the legal status of the houses.

They also said the KDA’s anti-encroachment cell is demolishing their legal houses on the pretext of an anti-encroachment drive. They claimed that they have lawful documents issued by the government’s landowning departments.

The petitioners’ counsel Syed Haider Imam Rizvi said his clients are owners of residential houses according to the layout plan and the revised layout plan of the Sindh Katchi Abadis Authority (SKAA).

Rizvi said the court had earlier directed the authorities to ensure that no action is taken against the petitioners until it is established that they have encroached upon the land.

He said that according to the Nazir’s report, the 150-foot-wide road is available excluding the petitioners’ houses, and the said houses do not come in the way of encroachments.

He also said the KDA has issued notices to the petitioners for vacating their houses and implementing the court’s orders. He pointed out that no such order is in the field, and the petitioners have not encroached upon government land, as mentioned in the Nazir’s report.

He requested the court to declare that the petitioners’ portion, i.e. 78 plots, is beyond the jurisdiction of the KDA and vests solely in the SKAA, and that the KDA has no jurisdiction to take any action as regards the petitioners’ portion.

After hearing the arguments of the counsel, the court said that certain constructions have been raised illegally without being notified in the master plan of the colony.

The court said that if these constructions have been raised illegally, the KDA would demolish them strictly in accordance with the law, including but not limited to any construction that exists on the 150-foot-wide road shown in the master plan and already decided by the court.

The court directed the KDA to comply with the order of the court, and disposed of the petitions of the Mujahid Colony residents with such observations.