Illegal constructions devoured parks, roads in Karachi: SC

ISLAMABAD: The Supreme Court on Monday remarked that illegal and unchecked encroachments in port city of Karachi has devoured the open spaces in public parks and vital roads.

Chief Justice of Pakistan Iftikhar Muhammad Chaudhry, who headed a three-Judge bench, remarked that nobody was interested in removing such illegal encroachments.

"Whole country is flooded with encroachments, even in Islamabad. It is not the Court's job to remove them," he remarked while reminding a counsel for the provincial government about their responsibility.

The bench resumed hearing of the issue raised by Naimatullah Khan advocate, former Nazim of Karachi district government, against encroachments on amenity plots and parks and the non-implementation of Court's order for their removal.

During course of proceedings, the Chief Justice told the counsel that the concerned authorities should perform its functions accordingly.

"Whether you wanted to give them a clean chit. We are wondering that the provincial government cannot remove encroachments from the amenity plots and parks. Do provincial chief executive has any fear?" he questioned Mir Qasim Jat.

Justice Gulzar Ahmed observed that the Jahangir Park in Karachi which was a historical pre-partition structure, had been completely gobbled by the encroachments.

The Union Council office had been extending its limits over the park area, he added.

"The Kashmir road is completely occupied upto Jail Chowrangi and turned into marriage halls. In PHA society, Naukhez ground was reduced to half," he added.

He said that in Nazimabad all the open spaces were occupied and not a single encroachment was removed.

He asked the counsel that if they were interested, then in the first step, they should vacate whole of the Kashmir road upto Jail Chowrangi and termed the authorities' exercise as mere 'eye wash' and paper work.

The counsel said that the City District Government Karachi had the authority to do away with such illegal raised constructions and requested for grant of time.

The CJ said "All your faults are brought to the Courts while the concerned authorities are sitting there, doing politics."

"Whosoever may be the person, take action and send your chief secretary with a plan to deal with this issue, he added.

Justice Saeed in sarcastic tone told the counsel that they should either give the encroachment issue a legal cover and in this manner, the issue would be resolved.

You got three years for implementation of Supreme Court's verdict and did nothing, he added.

The Chief Justice further told him that it was not the original plan that amenity parks could be used for generation of revenue.

The bench adjourned hearing till February 20 after directing chief secretary and secretary Local Government to put up a comprehensive plans for taking action, over properties encroached upon illegally.

The petitioner had in his plea had raised 14 questions for the court to settle, including whether any government authority, institution or organization had the power to convert public land and plots reserved for recreation into residential or commercial estates; whether or not the conversion of public land, such as playgrounds, parks and parking lots, into residential, commercial or other property was a violation of fundamental rights and whether any political party was entitled to set up its offices on land reserved for public use and amenity.

He had also provided details of offices set up by parties on public property in the city`s Shah Faisal, Gulshan-i-Iqbal, Gadap, Jamshed, Malir, Site, Orangi and Kaemari Towns and the former districts south and central. Parks and land where residential and commercial plotting had been done were located in North Nazimabad, Baldia, Site and Orangi, New Karachi, Gulberg, etc.

The Supreme Court during 2010 had directed removal of all such illegal constructions on amenity parks.