SC raps Sindh authorities for failing to remove encroachment in Karachi

Justice Ahmed questions what law allows the army to allot land to private persons

KARACHI: The Supreme Court (SC) expressed on Thursday its extreme displeasure with the federal and provincial governments as well as the city’s various civic agencies over their failure to implement its January 22 order regarding the removal of encroachments and restoring Karachi to its past glory.

A two-member bench, headed by Justice Gulzar Ahmed and comprising Justice Mazhar Alam Khan Miankhel, took up various aspects of their January order and warned all the relevant authorities to ensure they were all implemented before the next hearing in the SC’s Karachi Registry. The hearing on Thursday was attended by the Attorney-General, defence secretary, Karachi mayor, Advocate-General, Karachi Water and Sewerage Board Managing Director and officials of cantonment boards.



As the hearing commenced, Attorney-General Anwar Mansoor Khan presented a report on behalf of the defence ministry regarding the ban on commercial activities on military lands. The court, however, expressed dissatisfaction with the report and again ordered defence authorities and cantonment boards to stop all commercial activities.

As the report was presented to the bench, Justice Ahmed noted that it seemed to have been signed by some peon. The defence secretary, who was present in the courtroom, then signed the report.

Justice Ahmed questioned why the court’s orders were not being implemented, to which AG Khan said they needed more time.

“We cannot give more time,” remarked Justice Ahmed, adding that it would only takes five minutes for the government if it actually wanted to work. “What’s the point of running a marriage hall on land owned by the army?” asked Justice Ahmed.

The Attorney-General argued that the money earned from the rent of the marriage hall was given to the families of martyrs. To this, Justice Ahmed remarked who knew where the money went. “We know that who is doing what. It is not the matter of a single plot,” he added.

Marriage halls have been built on Rashid Minhas road and Falcon Mall has been built on defence land, observed Justice Ahmed. “All of them must be razed,” he directed.

The Attorney-General argued that some lands had been given on lease, therefore the court should give some time.

Justice Ahmed also observed that cantonment boards do not have the authority to build a housing society. “Building DHA was wrong and still is,” he said.

Global Marquee

During the proceedings, Rasheed A Rizvi, the counsel for Global Marquee, got into a heated argument with the bench, saying they weren’t prepared to listen to anyone.

“Who signed the deal?” asked Justice Ahmed, to which the Attorney-General replied that a retired colonel had signed off on the deal. “Who is this retired colonel who is issuing the NOCs?” Justice Ahmed questioned.

Justice Ahmed asked under what law was the army authorised to give government land to private persons. “The documents which you are presenting do not have any value,” he told Rizvi, to which the latter argued that the court should then issue a notice to the Core headquarters. “Nobody has bothered to ask anything in the last 72 years,” said Rizvi. To this, Justice Ahmed remarked, “Let’s change history today.”

The court rejected the review plea filed by Global Marquee, with Justice Ahmed noting that there was no authenticity in any of their pleas and arguments. The court also rejected another review plea, filed by the KWSB against the orders to demolish the Water Board Officers’ Club, saying the land should be returned to the government if there was no use for it.

Commercial activities on military lands

During the proceedings, the court also took up the matter of marriage halls and other commercial ventures on military land, ordering the defence ministry again to end all commercial activities and raze marriage halls from military lands and cantonment boards.

Justice Ahmed remarked that 70% of the construction in Karachi was illegal.

“All the parks in Karachi have been named after martyrs,” he commented. To this, AG Khan argued that martyrs have an exalted status. Justice Ahmed quipped that he may also get martyred.

The AG replied there are strict terms and conditions to be given the status of a martyr. Justice Ahmed asked if the AG meant he wouldn’t be a martyr if he was killed. The courtroom echoed with laughter on the judge’s remark.

Demolition ordered

The bench also ordered the demolition of Sea Breeze Plaza, located on MA Jinnah Road, besides directing the Hindu Gymkhana to be evacuated and given back to its original owners. It also ordered an end to all commercial activities in the YMCA premises. Moreover, the court ordered the chief minister to personally monitor the anti-encroachment drive in line with the order of the apex court.

SBCA DG reprimanded



Justice Ahmed also expressed annoyance with the Sindh Building Control Authority DG Iftikhar Ali Qaimkhani, who appeared before the bench. The judge warned him that he would be sent directly to jail from the court. “What happened to the order we gave to restore the city to its actual condition?” questioned Justice Ahmed, adding that what had happened to the two illegal buildings in front of BarBQ Tonight restaurant.

The SBCA DG informed the court that there was a case against one of the buildings pending before the National Accountability Bureau (NAB). “What is NAB?” questioned Justice Ahmed. “Is NAB superior to the Supreme Court?” he asked. Justice Ahmed ordered that the encroachments should be removed and the court’s orders should be complied with.

KDA under fire

The court also expressed annoyance over the condition of University Road. Justice Ahmed questioned why the road was torn up hardly a year after its construction. “What is the problem with you?” he questioned. “Thousands of citizens are being affected by the road that has been dug up,” he said.

The counsel representing the municipal authorities informed that the K-Electric was installing cables underground. Justice Ahemd questioned why the K-electric didn’t bother to do this earlier?

The court ordered to present all the master plans prepared for the city since 1950. The Karachi mayor expressed helplessness and said that he didn’t have any master plan. The SBCA DG said that they had the master plans. Justice Ahmed ordered all master plans to be submitted, along with information about any changes and at whose behest. The master plans should also mention which residential building had been commercialised when and at whose behest.

Published in The Express Tribune, May 10^th, 2019.