Housing slums: SC tells govt to take katchi abadi bill to parliament

Apex court wants to know what does PM’s low-income group committee recommend

ISLAMABAD: The apex court on Tuesday asked the government to present before the parliament a bill drafted by a judicial commission on slums and to keep it abreast on the recommendations by a high-level committee — constituted by the prime minister — on low-income groups.

This was directed as a bench of the Supreme Court (SC), headed by Chief Justice of Pakistan Saqib Nisar, heard different petitions against the removal of katchi abadis from the capital Islamabad and the lack of amenities for residents of slums.

During Tuesday’s hearing, the chief justice sought a report on the condition of slums across the country.



“We have sought a report regarding katchi abadies from across Pakistan not only from Islamabad,” the CJ remarked.

At this, the petitioner’s counsel Bilal Minto told the bench that on Monday, Prime Minister Imran Khan had constituted a new committee regarding slums and low-income communities in of the country.

Chief Justice Nisar further said that there were people who were encroaching over not only private but state lands as well.

“I have personally visited katchi abadies where large plazas have been built and shops have been rented out on pagdi (an archaic rental system where a property is given out on nominal rent after an advance equal to about sale consideration is deposited),” the chief justice observed.

He went on to ask the petitioners’ counsel whether Pakistan was a welfare state. To this, Minto replied in the affirmative while citing the Constitution.

The chief justice then asked whether the state had enough resources to provide a home to everyone.

“Fridges, air conditioners and dish antennas have been installed on houses in slums,” CJ pointed out and asked whether encroachers should also be given ownership rights.

“Bilal sahib why are you comparing Pakistan with America,” CJ asked petitioners counsel, advising that if it is necessary to make a comparison then Pakistan should be compared with countries with similar economic and social profiles such as Sri Lanka, Bangladesh, Indonesia and Myanmar (Burma).

“When the state has no resources to supply drinking water, we cannot direct them to provide houses to the homeless,” the CJ remarked.

“Roti, kapra and makan (bread, clothes and houses) have been used as political slogans since the 1970s,” remarked Justice Umar Atta Bandial.



Deliberating over the matter of moving slums, the top judge remarked that if it was necessary, it should be carried out.

At this, Bilal told the court that in light of directives from the Supreme Court, a judicial commission has prepared a bill on slums. Unimpressed, the top judge remarked that it was the parliament’s job to constitute laws.

The SC ordered to provide the bill, prepared by the Law and Justice Commission on Katchi abadies, to the Attorney General of Pakistan (AGP) and the four advocate generals for review.

The court further directed that the bill should be submitted before the parliament for the necessary process.

Moreover, the court said that it should be informed about the recommendations proposed by the prime minister’s committee on low-income groups and adjourned the case for four weeks.

Published in The Express Tribune, September 5^th, 2018.