PHOTO: AFP
A three-member bench, headed by Chief Justice Pakistan (CJP) Justice Gulzar Ahmed and comprising Justice Faisal Arab and Sajjad Ali Shah, heard the case against building violations in CBC-controlled areas of Karachi at the Supreme Court's Karachi registry.
During the hearing, the CJP questioned how construction was allowed in different localities within the CBC's jurisdiction, including Delhi Colony, Punjab Colony, P&T Colony and Gizri Road.
Ordering the demolition of high-rise buildings in the said areas, he added that strict action must be taken against the offenders and that his orders should be followed even in the event of his dismissal.
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The CBC counsel claimed that there was permission to construct ground-plus-one buildings in Delhi Colony.
"Who said Delhi Colony is a residential area? You have not gone to the place in question yourself," remarked Justice Gulzar. "The attorney general should explain why construction activities are continuing in the said areas. Buildings with nine floors are being constructed - demolish them immediately."
CBC officials present during the hearing, however, stated that action had been taken against illegal construction in areas under their jurisdiction.
"What world are you living in? Do you think we do not know the reality?" the CJP demanded, telling them to destroy the buildings and replace them with parks.
Turning to the CBC land director, he asked on what grounds permission for such projects was given. "Is this your government that you can do as you please? Can the CBC explain its position?" he asked.
'Redraw master plan'
In a case pertaining to lack of town planning in the metropolis, the chief justice ordered the relevant authorities to redraw Karachi's master plan.
The apex court also admonished the officials concerned in regards to the haphazard planning in the city and directed a redesign of the city, adding that officials should seek help from civil engineers, experts and town planners. Blaming the provincial government for the current state of affairs, the chief justice said Karachi had become "a mega-problem city."
Sindh Advocate General Salman Talibuddin suggested that a high-level committee should be formed to look into the matter, adding that officials from the relevant departments would continue to provide positive reports regardless of the city's reality.
"It is not our job to make a committee. If the government wants to do so, they can," said Justice Shah.
During the hearing, the chief justice also inquired how a flyover was allowed to be constructed near the Quaid's mausoleum, along with other high-rise structures. "[Shanty towns] hang from Mazar-e-Quaid like jewellery," he noted, adding that they should be removed and their inhabitants resettled in apartment buildings.
Talibuddin assured the court that a committee would be formed and he would personally look into the matter.
Reallotting govt land
The same bench expressed displeasure with the Karachi Port Trust (KPT) for reallotting its land.
"How can the KPT sell and purchase land that was given to be used for port-related purposes?" asked Justice Gulzar, hearing a case pertaining to illegal construction on KPT property.
When the KPT counsel claimed the port authority could do so in line with its laws, the chief justice told him to read out the relevant laws in court.
"How can the board allot land to its own department? Can I, as chief justice, allot land owned by the SC to myself?" he asked, adding that this was illegal and must be stopped.
The counsel argued that the court orders would affect all those with leases, adding that some land had been allotted to the American consulate in Karachi as well.
"KPT property cannot be transferred to anyone; otherwise, all departments will give their land to their own people," the CJP stated.
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The court ordered that land not being used by the port should be returned to the government. It further told the KPT to submit a progress report after implementing court orders within two months.
Marriage hall
In another case, the bench ordered Pakistan International Airlines (PIA) to immediately demolish a marriage hall on its land on University Road and submit an implementation report on Saturday (today).
As the PIA legal services general manager told the court that they had already demolished all marriage halls built on their land, Justice Gulzar expressed his displeasure. "What are you talking about? I saw the marriage hall on University Road just yesterday," he remarked.
The PIA official replied that the structure was there but was not being used.
Published in The Express Tribune, February 8th, 2020.
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