KDA told not to evict Mujahid Colony residents having valid leases or sub-leases

The Sindh High Court on Tuesday directed the Karachi Development Authority and others to not interfere with lawful possession of Mujahid Colony residents who have valid leases or sub-leases or who have submitted a challan to the Katchi Abadi authority and have had their properties shown in the layout plan.

The interim order came on a lawsuit of residents of Mujahid Colony against their eviction from their properties by the KDA authorities in the garb of an anti-encroachment drive. The plaintiffs’ counsel Syed Haider Imam submitted in the lawsuit that the plaintiffs are lesees or sub-leesees of the Sindh Katchi Abadi in respect of Mujahid Colony while other plaintiffs also submitted their challans before the authority for issuance of sub-leases.

He submitted that defendants in particular the KDA was planning to evict the plaintiffs from their built up properties under garb of the anti-encroachment drive. The counsel submitted that high court’s division bench order was merely for the illegal structures, particularly on the 150 feet wide road and those plots which are not in layout plan issued by the Katchi Abadi authority.

He referred to the Nazir report in the relevant case which states that 150 feet wide road space is available excluding 78 houses of the plaintiffs and those houses were not in the encroachment on the road, which has been confirmed by Katchi Abadi officials. He submitted that KDA officials however insisted that these constructions are on the road and liable to be demolished.

The court after hearing the arguments of the counsel issued notices to the KDA and others and in the meantime directed the parties to maintain status quo. The court also directed the KDA and other defendants to not interfere with the lawful possession of the plaintiffs who have valid lease, sub-lease or have submitted challans before the Katchi Abadi authority and their properties are shown in the layout plan. It told the counsel to file the relevant order of the Supreme Court along with his statement on the next date of the hearing.

The SHC had earlier directed the 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.