Land and the city

If Pakistan’s population has increased exponentially, Karachi’s has really exploded with most of the citizens having no access to the basic necessities of life. Housing or shelter likewise is a huge problem and many studies have been undertaken, many schemes devised and policies formulated to meet with this issue. It appears the problem is always greater than the solutions offered from time to time and it fails to achieve its objective.

Much has been written about the city and its various problems and Karachi -- The Land Issue is a much expanded version of a working paper: ‘Land ownership, control and contestation in Karachi and implication for low income housing’ assigned to carry out the study by a team led by Arif Hasan which included Noman Ahmed, Mansoor Raza, Asiya Sadiq Polack, Saeeduddin Ahmed, Moizza B Sarwar.

The book is a thorough understanding and comprehension of the various rules of the government in the use of land, whether urban or rural. Actually, with the fast expanding cities, the rural is constantly being transformed into urban and this changed usage of land too has implications, both for agriculture and the people wishing to own a house in the urban areas. There were a large number of rules and regulations extant, regarding land and usually these were used to obstruct the implementation of the policies rather than to facilitate it. Several case studies amply demonstrated that the nature of each case was different, perhaps unique, and it required a solution that was particular to it rather than a blanket application in its most generalised form.

As stated in the conclusion of the book, the major problem was the lack of a more equitable land policy. One way of solving this very intractable problem lay in the simplification of procedures, rules and regulations, and to ensure that these were applied uniformly with proper monitoring to identify the issues in their implementation and help develop more appropriate rules, regulation and procedures.

But even the existing law not being followed was a problem like that of evictions in Karachi. The considerable suffering could be reduced if processes set out in certain portions of the law were followed such as giving adequate notice, agreeing settlements in suitable land and addressing residence grievances through proper channels.

Further agreements on their rules and criteria were hampered by a lack of coordination between different agencies, from landowning entities and individuals to local government, cantonment boards, the politicians and the communities themselves. Due to pressure from bureaucrats, politicians and landowners, the police often acted on its own without notifying the community thirty days before demolition as required by the law.

The notification procedure whereby informal settlements and kachi abadis were formally accepted as legal settlements was hampered by conflicts between various agencies like SKAA, CDGD and the landowning agencies. The problem of eviction and regularisation processes could be overcome if they were recognised first and then necessary rules and regulations were made and implemented in the same spirit.

There were other issues as well like ballot system for allotting plots was problematic because the advance payments submitted by unsuccessful applicants stayed tied up in the system sometimes for well over a year and retrieving them involved a number of consuming formalities. The relation between commuters, poor communities and hawkers needed to be accepted and their importance in the city economy recognised.

Another constraint for the low income groups was the inability to obtain loans to purchase land and housing or improve their homes. A major issue is the unavailability of the land for development in appropriate locations as each of the numerous landowning agencies have their own building bylaws, zoning regulations and allotment and development processes. It could be tackled by establishing Karachi Division Planning Agency as proposed by the Karachi Development Plan 2000.

Another contentious issue was that of land acquisition. Land for public good is acquired under the Land Acquisition Act 1884. This with proper leases and freehold documentation were considered for compensation but not always given proper redress by priority projects; so often they found themselves forced to go through long and expensive court procedures. The market also faced constraints like the allocation procedures by local government and landowning agencies lack of transparency.

Politicians and government officials flouted the prescribed rules and regulations using their discretionary powers to allot land to friends and family or for political purposes. Rental laws were strongly in favour of the tenants and that inhibited formal development and rental accommodation even though it is in great demand.

It is usually said about Pakistan that there are rules, regulations and laws for everything and almost as perfect as they can get but the real issue lies in the implementation of those laws. These are rarely implemented and if implemented, there are many caveats and mediations that change the law not only in letter but also in spirit. And this is due to the large power and pressure groups that manipulate land usage in the country.

It is not restricted to Karachi or to Sindh but is prevalent all over the country with the powerful groups deciding upon the fate of land. But this does not dilute the case for the need of greater simplification of rules to change the perception from obstructions to facilitation.