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What little breathing space is available to the citizens in congested towns of Sindh, particularly Karachi, is under a looming threat of theft and pilferage. And the threat stems not from any obscure and hidden source; it is now on the table of the Sindh provincial assembly and is likely to be passed given there is no opposition from any major group in the house.
It's the Sindh Protection and Prohibition of Amenity Plots Bill 2009, couched in pro-public sentiments but only to camouflage its potential to open the floodgates for land mafias. It takes away the peoples' right to breath air and walk in the public parks by seeking annulment of the May 1994 law which prohibits misuse and conversion of amenity plots.
When enacted, it would take come into force at once and condone all previous violations. That in the end land grabbers will succeed in winning over elected representatives in spite of dogged opposition by civil society, media and enlightened citizens, is indeed puzzling, if not for the ruling elite who never tire claiming to be champions of people's rights.
What will happen when this anti-people Bill will be passed? All the amenity plots reserved for hospitals, schools, colleges, libraries, graveyards, places of worship, road expansion, recreational facilities, playgrounds and public parks will immediately come under the knife. Commercial plazas, shopping malls and high-rise apartment buildings will start dotting the city skyline in place of spaces already insufficient for the public to enjoy fresh air and do some walking to stretch the limbs.
Of course, other towns of the province also need such open spaces but for Karachi, a city over-brimming with people stands ahead of others in this queue. Given its unprecedented economic growth needs very large workforce who returns home every evening tired and exhausted. They need relaxation which the public parks provide. Then there is ever-increasing pollution, contributed by multifarious activities but mainly by the road transport, which is so much needed to keep the wheels moving. With playing fields gone the youth who already remain on edge would tend to explode their choked minds on the streets, a sure recipe for the apocalypse which at times appears on hand.
This is a clear negation of the mandate the people have given to their elected representatives. It's still possible for the members of the provincial assembly to revisit the proposed law in the light of its negative fallout with land-grabbers kept on leash. If not, the said legislation cannot escape notice of the superior courts. By limiting the space to, play and relax, have adequate medical facilities the law as being legislated would run afoul of the Fundamental Rights enshrined in the Constitution. Article 9 states "No person can be deprived of right to life or liberty," which the new law would be violating. When enacted the said law would be greatly undermining the citizens' access to free air and space for movement.
There is also plenty of case laws in support of these basic human needs. A case in point is the Supreme Court order to restore original position of a green park in Islamabad's F-7 sector where General Musharraf had allowed a private party to convert the use of the land from that of a public park to a mini-golf club. Similar violations in the F-9 Capital Park committed by the Capital Development Authority were also punished by ordering reversion to the Master Plan. Karachi too has its master plan identified by the 1994 law that harkens the members of the Sindh assembly to desist from playing into hands of the land mafia and greed-driven quick-buck makers. They still have the time.

Copyright Business Recorder, 2011

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