Demolish Nasla Tower in a week, orders SC

KARACHI: The Supreme Court on Monday observed that there was no purpose of the Sindh government if all its affairs had to be undertaken by the federal government.

Hearing applications with regard to the removal of encroachments from Gujjur and Orangi Town drains and the unauthorised construction of Nasla Tower, the Supreme Court’s three-member bench, headed by Chief Justice Gulzar Ahmed, observed that apparently the Sindh government was being run on personal wishes instead of law. The court ordered the commissioner Karachi to demolish the Nasla Tower building situated in the Sindhi Muslim Cooperative Housing Society through a controlled detonation device, ensuring no loss of life and damage to property during such an exercise.

The court observed the building could be demolished by taking assistance from the armed forces if the civic agency had no expertise. It observed that influential persons, taking advantage of the weak administrative system in the city, minted money and settled in foreign countries without any accountability as it ruled out further concession to anyone.

The court observed that several unauthorised buildings had been demolished on court orders in India. The court directed the commissioner Karachi to ensure that the demolition work was completed within one week after October 27 and the cost of the demolition shall be recovered from the owner of the Nasla Tower. The government should get Nasla Tower residents’ money back from the builder. In case of default of payment, the owner's property be attached and sold for settlement of dues, it observed.

The chief justice observed that civic agencies, including the Karachi Development Authority or Karachi Metropolitan Corporation, had totally failed to protect amenity lands from illegal encroachment. The chief justice observed that when he came to Karachi, the city was totally covered by dust and same was the situation in Hyderabad. The court observed that 90 percent of the city consists of grey structures.

The court observed it seems that the Sindh government was not ready to resolve the problems being faced by the people, adding mere statements in the media do not serve the purpose. Due to the administrative failures, people are compelled to move to courts to resolve their problems as the last resort and cases were piling up from hundreds to thousands, he added.

Justice Ijazul Ahsan observed that first, people were allowed to encroach the amenity lands and when it was ordered to remove the encroachments, the Sindh government came up with the plea of human tragedy instead of rehabilitating them at other places as per proper living standards.

The court observed that several amenity plots meant for public park had been encroached besides all playgrounds and parks had been made garbage dumping sites. The court observed that all the civic agencies were made powerless and nobody knows who was running the city. The court observed that it only wants to know that what the government will do to resolve the issues of the city. The court inquired from Chief Minister Sindh Syed Murad Ali Shah, who appeared on court notice, as to what the provincial government will do to overcome the collapsed infrastructure of Karachi and other cities of the province, including Larkana, Sukkur and Hyderabad.

The chief minister submitted that the Sindh government was facing a shortage of human resource and there were 12 vacant posts of Grade 20 officers and around 48 posts of Grade 21 officers, which were not filled by the federal government. He said that there was a dearth of Grade 17 officers due to the High Court order on the Sindh Public Service Commission and requested the court to take up the Sindh government's appeal against the decision at the earliest.

The court observed that the Sindh government was being run on personal wishes instead of law, adding the provincial government had failed to streamline the working of civic agencies, reminding the chief minister that in case of failure, there was a remedy to every problem.

The court observed that the system could not work until the civic bodies were allowed to work and make them accountable. The city of Karachi needs a system and institutions to run and it was not the chief minister's job to run the city administration.

The court observed that even former prime minster Zulfikar Ali Bhutto had focused on the grassroot level administration but there was no buffer government seen, which could redress the problems of masses and there was no standing of common man in government office. The court inquired the chief minister that why any housing scheme has not been launched by the provincial government after Scheme 33, which was launched 40 years ago.

To a court query about the rehabilitation of victims of Gujjar and Orangi Town drains, the chief minister said the federal government backed out of its commitment to provide funds for rehabilitation of the affected persons, adding the Sindh government had allotted 250 acres land for rehabilitation purposes. He submitted that the provincial government had earmarked Rs 1 billion for the purpose of rehabilitation and were making efforts to complete the process within two years.

The court earlier took an exception to the statement of the Advocate General Sindh that the provincial government had not sufficient funds to rehabilitate the affected persons of Gujjar and Organi Town drains and observed that it was a very sad state of affairs that the provincial government was saying that it could not generate funds for the rehabilitation of affected persons.

The court once again turned down the provincial government’s plea for providing funds from the Bahria Town implementation case and observed that the amount being deposited in the Bahria Town case has nothing to do with the Sindh government, which had allowed the land to be sold at throwaway price and fate of such amount will be decided by the SC’s implementation bench.

The court directed Administrator Karachi Murtaza Wahab to submit details of action being taken by the KMC for removal of encroachments in the city. The court observed that the performance of the anti-encroachment cell was zero. The court observed that the administrator Karachi does not have any power to resolve the problems of masses and he was only pleasing his party colleagues.

The court observed that the KMC administration was totally incapable of delivering, telling the administrator that there was wide distance between resolving problems of people at their doorsteps and making huge claims in TV talk shows.

The court took an exception over the use of Civil Aviation Authority’s land for the purpose of marriage lawns and observed that if the CAA has no purposeful use of the land, then it should return it to the government.

The court expressed disappointment over the performance of the CAA and observed that all the international flight traffic was deliberately shifted to other destinations from Karachi due to lack of proper management. The court directed the senior member Board of Revenue to appear and submit a report on the status of the land. The court issued notices to the Karachi Development Authority, Karachi Metropolitan Corporation, cantonment boards, municipal commissioner and others and directed them to file a statement with regard to the allotment of ST plots in their respective jurisdictions in the city and how these amenity plots were being utilised. The court directed Senior Director Master Planning Waqar Memon to appear before the court, along with all relevant master plans as well as revised plan of the amenity sites of the city.

Director General Karachi Development Authority Rizwan Memon submitted that he was working on the post due to the stay order by the court as he was removed from the post within three months. He said that the only reason for his transfer was cited by the concerned minster was that the “system is not pleased with him.”

The court issued notices to Bahadur Yar Jang Coopertive Housing Society and others to file comments on application with regard to construction of multistorey building in the amenity plot in the PECHS area. The court directed the DG KDA to restore the playground in New Karachi Sector 5 area after removing garbage from the park. The court suspended the high court stay orders against the demolition drive at Orangi and Gujjar drains and notices to the petitioners, who challenged the demolition drive by the KMC.