SHC restrains KMC, KDA from razing homes in Gulshan-e-Mustafa Colony

The Sindh High Court on Friday restrained the Karachi Metropolitan Corporation, the Karachi Development Authority and others from taking any action against the residents of Gulshan-e-Mustafa Colony’s properties till further orders.

The interim order came on a lawsuit of Anwar Ali and other residents against the demolition drive of the KMC and the KDA in the name of Supreme Court orders. The plaintiffs submitted that they were owners of their homes located in the notified Katchi Abadi Gulshan-e-Mustafa situated in Federal B Area’s Block 15, spread over 12 acres. They said the Katchi Abadi was notified and the lease deed was executed by the Katchi Abadi Authority in favour of the plaintiffs.

They further said the KMC and KDA authorities were wrongfully acting “in the garb of Supreme Court orders”, as their properties did not fall within Plot ST-14, Block 16. They noted that they were not encroachers, had valid leases, and their land was around two kilometres from the ST-14 plot, which was the subject matter of the Supreme Court proceedings.

They residents complained that the KMC and KDA authorities without issuing any notice or providing an opportunity of hearing were taking steps towards demolishing their houses, evicting them from their lawfully owned homes, and had marked them for demolition.

The plaintiffs’ counsel submitted that it was apparent from the record that the SC had specified in its order that on ST-14 Plot in Block-15, Scheme 16, situated on Rashid Minhas Road adjacent to the UBL Sports Complex, some places construction work was being carried out.

He contended that the respondents could not carry out any demolition work against the leased and lawful properties of the citizens having lawful construction on the duly allotted lands, and that acts of the respondenants were a violation of articles 23 and 24 of the constitution.

The court issued notices to the respondants and in the meantime restrained the KMC, the KDA and others from taking any action against the plaintiffs and/or their properties as mentioned in the lawsuit till the next date of the hearing, which was fixed on June 28.