Demolition of leased houses on nullahs: SHC issues notices to AG Sindh, KMC, others

KARACHI: Sindh High Court (SHC) on Monday issued notices to Advocate General (AG) Sindh, Karachi Municipal Corporation (KMC) and others in a petition pertaining to demolition of leased houses in anti-encroachment operation on nullahs of metropolis.

A division bench of SHC sought the replies from respondents till April 23, 2021 when a petition was filed against demolition of leased houses during the operation for removal of encroachment at nullahs.

Jibran Nasir Advocate stated that KMC declared all the houses adjacent to nullahs as encroachment through a letter whereas it and other relevant authorities issued the lease of these houses.

Justice Hassan Azhar Rizvi remarked, "How KMC and other department can issue lease to a land illegally occupied." He stated that nullahs in these areas had 200 feet breadth, however encroachment upon these nullahs started in 1970.

Justice Rizvi stated that now these nullahs have reduced to 20 feet in breadth, which has blocked the sewerage system of the city.

Justice Rizvi observed that this court can't issue any order in the presence of order of Supreme Court (SC) against these encroachments.

Jibran Nasir submitted that order of apex court is being wrongly interrupted. "Encroachment should be removed but how can leased houses be demolished," he stated.

Bench stated that Supreme Court had issued the orders for removal of encroachment and it can only explain on this issue.

Jibran stated that leased houses would be demolished until we approached the apex court, at which bench replied that everything is online and you can approach apex court even today.

Court rejected the plea to restrain the authorities to demolish the leased house immediately, however it issued notices to Advocate General, KMC and other relevant departments to submit their replies on April 23, 2021.

Copyright Business Recorder, 2021