ISLAMABAD: In a rare show, the Pakistan Tehreek-e-Insaf (PTI), the Sindh government of the Pakistan People’s Party (PPP) and Mutahidda Qaumi Movement-Pakistan (MQM-P) have separately voiced opposition to the demolition of hundreds of wedding halls and other structures in Karachi on the Supreme Court orders.
Will the apex court take a lenient view and review its direction in the wake of protests by the marriage hall owners, whose cause has been supported by the three major political parties that have major electoral stakes in Karachi?
In September last, the then Chief Justice, Saqib Nisar, had directed the Karachi Development Authority (KDA) to stop demolishing houses near Nasir Jump in Korangi after the residents protested.
The orders had come when the top judge had visited the Karachi registry of the Supreme Court. Residents of the houses had staged demonstrations outside the premises. When Justice Nisar arrived, he ordered the court staff to collect applications from the protesters. He later met the agitators in his chamber.
The Korangi residents informed the chief justice about their houses being demolished. “Several residents have received notices,” one of them lamented. The KDA had been claiming that their houses had been constructed on plots illegally carved out through China-cutting, they said and complained that plots should not have been allotted to them in the first place in view of this illegality. “We are here to ensure that justice is served,” the judge said, adding that houses that had been built in compliance with the law would not be demolished and stopped the authorities from initiating the demolition operation.
On last Tuesday, a two-judge bench comprising Justice Gulzar Ahmed and Justice Sajjad Ali Shah ordered Karachi authorities to pull down unlawful constructions across the metropolis. It barred the Sindh Building Control Authority (SBCA) from issuing no-objection certificates (NoCs) for construction of commercial buildings unless the projects are approved by the Environmental Protection Agency as well.
“Wedding halls, shopping malls and plazas will not be constructed on residential plots. The buildings which are not part of the master plan should be demolished. Karachi should be restored to how it was 40 years ago. No matter how many buildings there are, they should be demolished. Go and demolish every structure that is in violation of Karachi’s original master plan. If the local government is incapable of running the city, it should let the Sindh government to take over,” the panel said.
Special Assistant to the prime minister on Political Affairs Naeemul Haq has also opposed razing of buildings built in violation of laws saying demolishing them would create a big disaster, and requested the Supreme Court to review its decision to tear down buildings which were constructed illegally and have been in use for years providing employment to thousands. “Instead a fine can or should be imposed on the builders/developers. Demolishing them would create a big disaster.”
His reaction came a day after the Sindh government opposed the bulldozing of wedding halls etc., which have been unlawfully constructed as per the court order.
In the first instance, the marriage hall owners staged a protest. Sindh Minister Saeed Ghanzi expressed solidarity with them and announced that he would not let demolition of any premises even if he had to lose his cabinet position. It was on his assurance that the agitators called off their protest.
Karachi Mayor Wasim Akhtar urged the Sindh government to file a review of the Supreme Court direction. The provincial administration is already ready to approach the apex court for the purpose.
During Saqib Nisar’s incumbency, the apex court ordered the farmhouse owners to pay fines for construction beyond 9,500 square feet. The court directed the Capital Development Authority (CDA) to regularise the farmhouses with up to 12,500 square feet covered area but subject to the payment of fine of Rs7,000 per square feet. The owners were asked to remove the excess covered area beyond 12,500 square feet by their own otherwise the CDA will demolish the same on their cost and risk.
Notices have been issued to such proprietors.
In another case, the Supreme Court directed the CDA to regularize illegal constructions in Bani Gala including the residence of Prime Minister Imran Khan by charging fines from their owners. The civic body is yet to formulate a policy in the light of the court order. The matter has been referred to a new commission that has been assigned to revise the master plan of Islamabad.
Only six of the 110 agro farm owners who have been issued notices by the CDA for excessive construction have so far paid fines for regularising their constructions.
