The bench directed the Rangers to remove barriers from PECHS Block VI and the road near Shara e Faisal. PHOTO: FILE
KARACHI: The Supreme Court directed the Sindh Rangers on Tuesday to vacate the park in PECHS Block VI and remove barriers from the road near Sharae Faisal. The apex court gave police and Rangers a two-month extension to remove check posts from footpaths in the city.
A three-member bench headed by Justice Gulzar Ahmed and comprising Justice Faisal Arab and Justice Sajjad Ali Shah heard the plea at the Karachi registry.
The Rangers law officer maintained that Rangers' check posts have been removed.
The bench directed the Rangers to remove barriers from PECHS Block VI and the road near Sharae Faisal.
The bench asked why the Rangers needed to place barriers in such a narrow street. Besides, the parks need to be vacated and the Rangers should find a new place, remarked the bench.
The law officer said that the Sindh government was not providing a place.
The bench said that it wanted to hear this from the Rangers director-general and summoned the DG.
An extension of two months was granted for the removal of police and Rangers check posts from the footpaths.
Amenity plot
The same bench summoned a senior member of the Sindh Board of Revenue with complete record on August 9 in the case pertaining to illegal allotment of an amenity plot near Aladin Park and issued notice to the National Accountability Bureau (NAB) chairperson for investigation.
The bench expressed annoyance at the illegal allotment of the plot.
"We have received a letter from Qatar regarding this allotment. The whole city has been sold off on such letters from Qatar," remarked Justice Ahmed. "How was the allotment of an amenity plot permitted? Tell the court how will you cancel the lease? We will not permit such a lease," he added.
Member of the Land Utilisation Department said that the plot was allotted in 1999 and the committee permitted its regularisation in 2010.
The bench remarked that the committee only had the authority to determine the price.
The court summoned a senior member of the Board of Revenue with complete record on August 9 and issued a notice to NAB chairperson to investigate the matter.
Sea Breeze Plaza
Meanwhile, the bench summoned National Engineering Services Pakistan (NESPAK) chairperson and the Pakistan Engineering Council on August 9 while hearing the plea filed against the demolition of Sea Breeze Plaza.
The bench expressed annoyance with the performance of Sindh Building Control Authority (SBCA) director-general.
"Your [SBCA DG] employees and officers are getting their salaries for doing nothing. Tell the court how many buildings are under construction in Karachi," said Justice Ahmed. SBCA DG said that there would be 400 to 500 such buildings.
"Do you think we are stupid and don't know what is going on here? Are you not ashamed over the way Karachi is being treated?" remarked Justice Ahmed.
"It's the height of shamelessness. The population of five to 10 million would be wiped out if Karachi is hit by an earthquake ranking seven on the Richter scale. The Sea Breeza Plaza is not safe and can collapse at any moment," he added.
The court summoned NESPAK chairperson and the Pakistan Engineering Council on August 9.
"You permitted the construction of an 11 storey building on a 30-yard plot in Delhi Colony. When the high court ordered to demolish it, the cantonment board said it doesn't have the authority to do so," said Justice Shah.
The counsel present in the court said that the Plaza is vacant and nobody resides there.
"How is it possible that a building remains vacant in Karachi for 40 years and doesn't get occupied?" remarked Justice Ahmed.
The bench adjourned hearing till August 9.
Restoration of KCR
The same bench directed the Railways secretary to inform the court of the date by which Karachi Circular Railway (KCR) and local train would be operational while directing the Sindh government to inform the court of the progress in this regard. The Railways secretary accepted that the department lacked the ability to make new trains.
Railways divisional superintendent also appeared before the court. The Sindh government opposed the KCR project.
Sindh Advocate-General Salman Talibuddin argued that the Railways department cannot restore KCR. He maintained that Sindh government provided land for KCR but the Railways department sold it to people. Now there are encroachments on the land which are hindering the project, he said. "They cannot run KCR even if they want to. Sindh government's mass transit project is more feasible than the KCR project," said AG Talibuddin.
The court expressed annoyance at the Railways secretary for not restoring KCR and local train.
The bench asked Railways secretary if he had read the court's order.
"What is the difference between circular railway and local train?" asked Justice Ahmed. The Railways secretary could not tell the difference.
"Do you know anything or you have only come here to enjoy yourself?" remarked Justice Ahmed.
"38 kilometres out of 48km has been vacated. It has been six months since I took charge of the office," said the secretary.
"Why did you come if you weren't prepared?" remarked Justice Ahmed.
The bench asked the secretary to suggest a punishment for himself.
"When are these trains starting? We don't want to hear anything else," said Justice Ahmed. "Four to five divisional secretaries (DS) have been changed up till now," he added.
The court expressed annoyance at Railways DS Mazhar Ali Shah.
"Stop smiling and tell us how many judicial orders have been complied with," said Justice Ahmed.
AG Talibuddin maintained that the Railways department did not even have trains for circular railway.
"They are claiming that they will increase the number of trains to over 100. Where are these new trains coming after every two to three days?" asked Justice Ahmed.
AG Talibbuddin said that they may make claims but they don't have any trains.
"They are making new trains from old ones," said Justice Shah.
The Railways secretary conceded to the department's inability to make new trains. "That's why the trains and railway tracks are imported," he said.
Why would the department make the trains when it could make money by importing them, remarked the court.
The court directed the secretary to inform the court of the date for the operation of KCR and local train and directed the Sindh government to inform the court of the progress made in this regard.
Published in The Express Tribune, August 7th, 2019.
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