Court seeks comments on illegal police station

A citizen and the KMC have claimed ownership of the land

KARACHI: The Sindh High Court (SHC) sought details from the police department on Wednesday regarding the establishment of Bahadurabad Police Station on land allegedly owned by a citizen. A two-member bench comprising Justice Syed Hasan Azhar Rizvi and Justice Kausar Sultana Hussain heard the citizen's plea against the police station.

Petitioner Arif's counsel maintained that the police station was established on land owned by his client. He said that the court has passed orders to remove the police station from there several times but no action has been taken in this regard.

But the Karachi Metropolitan Corporation's (KMC) counsel, Advocate Azra Muqeem said that the plot in question was an amenity plot and was owned by KMC. "The establishment of the police station on this land and the ownership claim by the citizen is wrong. The plot should be evacuated and handed back to the KMC," she maintained.

"Why didn't the KMC realise this in the past 20 years? Most buildings in Bahadurabad have been constructed without approved construction plans," observed the bench.

The court sought details from the police department on the establishment of Bahadurabad Police Station and asked the department to mention who issued the permission for its construction.

Contested land

The same bench issued notices to the East deputy commissioner, University of Karachi (KU), the revenue department and others again, directing them to submit their reply within six weeks on the plea filed by Nabeel Gabol against KU.

Petitioner's counsel, Liaquat Gabol, claimed that four acres of land owned by his client's mother had been occupied by KU. "After my mother's death, the land now belongs to me and my siblings. The administration is not vacating the land despite the submission of several applications," he said.

"We have not occupied anyone's property," said KU's counsel.

The court issued notices to the relevant parties once again and sought replies within six weeks.

The court also directed the defence lawyer to present the original property documents within 15 days.

Heritage site

Meanwhile, another two-member bench comprising Justice Muhammad Ali Mazhar and Justice Agha Faisal summoned the additional secretary of the culture, tourism and antiquities department. The bench directed the Sindh antiquities department to provide an explanation on the plea filed against the occupation of Chaukhandi tombs' land.

The court expressed annoyance on the occupation of Chaukhandi tombs' land.

Petitioner Attaullah Shah's counsel maintained that the ancient graveyard near the National Highway was a heritage site. "20 acres of land had been reserved to set-up up a park and a museum behind the heritage site but more than half of the land of Chaukhandi tombs has been occupied by land mafia," he said, adding that no action was being taken to preserve heritage sites in Sindh despite orders.

The additional advocate-general maintained that the Sindh government lacks funds. "Efforts are being made to preserve heritage sites in Sindh," he said.

The court summoned the culture department's additional secretary and sought an explanation from the department on October 10.

Farmers' arrears

The same bench directed three sugar mills to clear dues by September 24 while hearing the plea filed against non-payment of money to sugarcane farmers.

The petitioners' counsel maintained that the court had directed 11 sugar mills of Sindh to pay sugarcane farmers at the rate of Rs160 per mound. He said that all sugar mills except three have paid the dues.

The court directed the three sugar mills - Bandi, Sakrand and Suhri, to pay dues of 2017 and 2018 to the farmers by September 24.

MPAs’ allowance

The same bench directed provincial authorities to pay arrears of Sindh Assembly MPAs' allowances and funds within two months while hearing the petition filed by Syed Sardar Ahmed and others.

The deputy secretary of the finance department informed the bench that the Sindh government was facing a financial crisis which is why the department was waiting for approval of funds by the cabinet committee. "Of the funds expected from the federal government, Rs86 billion are due. Funds are being delayed due to the transfer of secretaries," he said.

"There is a budget for making appointments. Why do you have the budget?" asked Justice Mazhar.

"The total dues stand at Rs664 million," said the additional secretary of the finance department.

"Why has the payment not been made when the money is reserved in the budget?" inquired the bench, while directing that the arrears be paid within two months.

The bench directed the provincial authorities to pay 50 per cent of arrears in the month of September and the remaining amount in October. "The chief secretary must ensure 50 per cent payment by October 15," directed the bench.

The petitioners include Muttahida Quami Movement-Pakistan's (MQM-P) Sardar Ahmed, Grand Democratic Alliance's (GDA) Nusrat Sehar Abbasi, Soorath Thebo, Dilawar Qureshi, Engineer Sabir Hussain and former MPAs.

The petition maintained that the allowances of all members of the assembly were doubled by the government in 2017. While the current MPAs are being paid the additional amount, the former members have not been paid the additional allowance.

Published in The Express Tribune, September 19^th, 2019.