Gujjar and Orangi Nullah: SC orders authorities to continue work on widening

KARACHI: The Supreme Court (SC) on Monday ordered the authorities to continue the work on the widening of Gujjar Nullah and the Orangi Nullah by dismissing pleas against the operation and issued orders for demolishing the structures illegally raised on lands specified for parks and amenity purposes.

At Karachi Registry, a three-member bench of the Supreme Court, headed by the Chief Justice of Pakistan (CJP), Justice Gulzar Ahmed, heard the cases pertaining to encroachments.

The court annulled all the restraining orders against the anti-encroachment drive after Faisal Siddiqui, the counsel for the affectees, said that the lease of the houses was given by the KDA, the Katchi Abadi Department and the KMC. "The Supreme Court has not given any order to build a road around the canals. In this regard, the decision of the Supreme Court is being misinterpreted," the counsel prayed.

Sindh advocate-general said the width of the drain would not be affected after a new road is constructed along its bank. Justice Ijazul Ahsan replied that if a road was being constructed, then its approval would be in accordance with the law.

The Chief Justice said that if the leases were checked, then "all the fraud would come out as the documents are fake. It is all a matter of China cutting".

"If the land is government-owned, how can relief be given to the affectees?" Justice Gulzar inquired. "Don't know how these leases were given. This land is not the land of the affectees."

Counsel Siddiqui, in his reply, said that the leases of the houses belonging to the rich should also be checked.

Justice Ahsan added that the counsel should take the leases to the department concerned and prove it.

Taking up the case of encroachment in PMT Colony, the Supreme Court expressed its annoyance over Cantonment board and remarked the board should return the land if it is used for commercial purposes rather than the cantonment.

The Supreme Court sought the report from the cantonment board official about the encroachment in its jurisdiction.

The court restrained the construction on a building in Boat Basin area of the city and remarked that how a land retrieved from the sea was given on lease.

The court sought the report from the director-general of the Karachi Development Authority (KDA) in two days.

The court also issued orders for removal of all encroachments from the Kidney Hill Park and directed the commissioner of Karachi to submit a detailed report in this regard within two days.

The court ordered all the land allocated for the park, i.e. 62 acres, should be cleared from the encroachment.

The apex court also ordered demolition of a club on the Rashid Minhas Road and for clearing the land adjacent to the UBL Complex which was specified for park. The court ordered the director of anti-encroachment to demolish the structures from the park.

During the hearing, the Chief Justice stated that 36,000 amenity plots in Karachi have been encroached upon, which need to be retrieved.

The court also ordered demolition of the structures illegally raised in a park at the Kashmir Road.

While hearing the case about encroachment on Railway land, the court came down hard on the secretary of railway, saying that department is just concerned with selling of land and doing nothing about accidents, which claimed many precious lives.

Copyright Business Recorder, 2021