LG secy, city commissioner summoned over Gujjar Nullah operation

An anti-encroachment tribunal on Saturday summoned the Sindh local government secretary, the Karachi commissioner and the Karachi Metropolitan Corporation’s (KMC) director for the municipal body’s Katchi Abadis Department over the issue of demolishing leased houses during the operation under way to clear Gujjar Nullah of encroachments.

The presiding officer of the tribunal, Shakil Ahmed Abbasi, directed the respondents to submit their comments by March 25 on the suits filed against them by some residents of the neighbourhoods located around the storm water drain.

Around 50 residents had moved an application before the tribunal against the officials of the provincial government and the city administration under sections 13 and 14 of the Sindh Public Property (Removal of Encroachment) Act.

The affected parties, through their attorney Khawaja Altaf, submitted that they had built houses in Block 5, Block 18, Block 19 and other areas of Kausar Niazi Colony after obtaining proper lease from the authorities.

They contended that the Sindh Katchi Abadis Authority, the Karachi Development Authority and the KMC had granted them a 99-year lease in respect of the plots in question between the 1970s and 2002, during which they had built their houses after fulfilling all the legal formalities.

Their lawyer said that the officials of the KMC’s Anti-Encroachment Department recently marked certain portions of the houses belonging to his clients, who apprehended that the same were likely to be demolished as part of the ongoing operation to reclaim the banks of Gujjar Nullah.

The counsel contended that no prior notices had been issued to his clients, which was a violation of Section 3 of the removal of encroachment act.

He said that when the plaintiffs had approached the relevant department, the officials refused to share any information in this regard, which was also a violation of Article 19-A of the constitution.

He argued that the defendants’ actions to demolish constructions on the lawfully leased land would amount to violation of Section 11 of the Land Acquisition Act.

The attorney pleaded that the tribunal declare the land possessed by the plaintiffs lawfully leased to them by the relevant department. He also requested for a stay against likely demolitions of the houses of the plaintiffs over leased pieces of land.