Apex court orders anti-encroachment drive to continue

Justice Alam says he would approach the chief justice to grant more time for authorities to plan the campaign

KARACHI: The Supreme Court ordered on Tuesday to continue the anti-encroachment operation and restore the city in its original form, besides directing the chief secretary to personally supervise the operation.

The hearing related to the anti-encroachment drive was held before the three-member-bench, headed by Justice Mushir Alam and comprising Justice Faisal Arab and Justice Ijaz ul Ahsan at the Supreme Court's Karachi registry. The Sindh Advocate-General, Karachi Mayor Waseem Akhtar and Sindh Building Control Authority Director-General Iftikhar Kaimkhani appeared before the court.

As the hearing was ongoing, Justice Alam remarked that business organisations and restaurants had been established on small plots. "We also wish that Karachi be restored to its original form and the liveliness of the city return," he remaked. "There is no place left to walk in the streets," he said, adding that the SBCA had failed at its job.

The court ordered the chief secretary to supervise the operation and clear the debris in the aftermath of the anti-encroachment campaigns immediately from Bagh Ibne-Qasim, as well as other parts of the city. The court remarked that the chief secretary should ensure the cooperation and consultation between the various government departments and civic bodies. No organisation should interfere in the anti-encroachment operation or the removal of the debris, said the court.



Seeking assistance

The Sindh Advocate-General informed the court that the provincial government was seeking assistance from experts to restore Karachi to its actual form. Suggestions from experts have been taken at a consultative meeting held on January 1, earlier this year. The AG added that a human tragedy could occur if action was taken without proper planning and asked for time to plan the campaign. The SBCA also asked for another eight weeks to plan and execute the operation.

Justice Alam remarked that he would request the chief justice himself that the case be transferred to the related bench and the agencies be given time for the operation.



Marriage halls

Besides, the same bench also heard a petition to review the SC's earlier order to raze all marriage halls constructed on military land. The petitioner's counsel, Rasheed A Rizvi, argued that the orders to raze the marriage halls had been passed without hearing their arguments. "We will satisfy the court, therefore our arguments should also be heard," he pleaded.

Justice Alam remarked that they would not pass any orders at the moment. The court subsequently issued notices to the Sindh Advocate-General and others to seek their response over the demolition of the marriage halls.

On January 24, a two-member bench, comprising Justice Gulzar Ahmed and Justice Sajjad Ali Shah, had ordered razing of all the marriage halls built on Karachi's Sharae Faisal and Rashid Minhas Road, besides cinemas, plazas and other commercial establishments built in cantonment areas.

In its written order, a copy of which is available with The Express Tribune, the court had also sought reports on the demolition of the "Global Marquees on Emergency Military Medical Supplies Land for Sindh and Balochistan".

The order further stipulated that "all cantonment lands meant for cantonment purposes are to be used only for cantonment purposes and not for any other use".

Published in The Express Tribune, February 27^th, 2019.