Report sought on commercial activities under flyovers in Karachi

Judicial commission warns of intervention if rights of citizens are violated

KARACHI: The Judicial Commission on Water and Sanitation, formed on the orders of the Supreme Court (SC), directed the municipal commissioner and military lands and cantonment director to submit a report regarding encroachment on Sharae Faisal and illegal shops under Finance and Trade Center (FTC) and other flyovers.

The head of the commission, Justice (retd) Amir Hani Muslim, had called the respondent officials to explain encroachments and commercial activities under the overhead bridges and footpaths near Saddar police station, PECHS, Baloch Colony and other places. "The commission has not been assigned the object of the nature to record any findings. However, issues of the nature on the main roads will have direct bearing on water, sanitation and municipal waste," Justice (retd) Muslim observed in the order.

At the outset of the proceedings, the coordinator, Asif Haider Shah, informed the commission regarding the illegal shops and encroachments at the FTC flyover and other flyovers.

The commission asked Karachi Cantonment Board Chief Executive Officer (CEO) Aamer Masood Khan to inform the court about the laws they used to allow construction beneath the overhead bridge. The CEO said that the advertisement walls had been removed on the orders of the apex court and the water commission. He also said that one wall of the Pakistan Army remained which was constructed for security reasons.

The commission further inquired about the laws that were used to allow business activities under the flyover. The CEO replied that Pakistan Army was constructing shops behind the wall. When the commission inquired whether the rights of the people can be usurped, the CEO responded that the Pakistan Army claimed that this was their area. "The area has not been transferred to the government after the construction of the flyover. The wall has been constructed by the Corps V and its permission has not been taken from us," he said.

The Military Lands and Cantonment Director-General Khurshid Ali also appeared before the commission and maintained that the shops were constructed by the Corp V and claimed that they had no role in it.

Shah said that this was not only the matter of FTC flyover as there were many encroachments at Sharae Faisal. He said that there were similar activities going on under the Baloch Colony flyover.

The commission said that the issue was that when shops are constructed they discharge water which has no place to go. "Can buildings be constructed under flyovers? We are talking about the rights of the citizens. We will intervene if the rights of the citizens are violated," the commission remarked.

Shah said that it was getting difficult to remove permanent infrastructure from many spots in the city. He was of the view that at least permission for temporary business activities at Sharae Faisal foot path should not be given. He added that even the parking on the service roads needed to be regularized. The commission directed Shah to interact with the relevant departments and submit a report in 15 days.

Municipal Commissioner Syed Saifur Rehman shared that the advertisement wall at FTC had not been demolished. He said that only holes were made which he believed would be filled again.

The commission remarked that the case of advertisement walls was pending at the SC and that the construction of shops was a new issue. The commission added that the SC had also directed the army not to use the wall for business activities.

Sindh Advocate-General Salman Talibul Din said that a new law for advertisements had been formulated on the orders of the SC. He informed the court that large sign boards had been removed and warned that the large wall constructed on the FTC could be dangerous. The commission remarked that this matter can be referred to the SC.

The commission coordinator said that commercial activities under other flyovers must also end. The advocate-general said that vendors with wheel barrows came daily and this served as a source of earning for poor people. "Can permission to sell drugs be given by thinking that this is a poor man?" the commission remarked.

There will be sewerage issues due to the construction of these shops under the flyovers. The residents of PECHS said that their lives had become miserable due to the commercial activities in the residential areas. There are heavy encroachments on the Khalid Bin Waleed road and other spots. The citizens said that their homes were not supplied with water. The commission directed the female citizen to submit a written request.

Municipal Commissioner Syed Saifur Rehman, Military Lands and Cantonment Director-General Khurshid Ali, Karachi Cantonment Board Chief Executive Officer Aamer Masood Khan, Sindh secretary and commission's focal person Syed Asif Hyder Shah, among other officials attended the hearing. 

Published in The Express Tribune, September 16^th, 2018.