CJP censures authorities over encroachments

Apex court gives CM a month’s time to submit report; orders restoration of Kidney Hill Park by June 2021

The city authorities invited the Supreme Court’s ire on Tuesday when a three-member bench, headed by Chief Justice of Pakistan Gulzar Ahmed and comprising Justice Sajjad Ali Shah and Justice Qazi Muhammad Amin Ahmed, took up cases pertaining to encroachments in the city at the Karachi Registry.

Sindh Chief Minister Murad Ali Shah was directed to submit an implementation report on judicial orders within a month.

What is the progress of implementation on judicial orders pertaining to removal of encroachments in the city and where is CM Shah’s report on it, inquired CJP Ahmed during the hearing.

At the CJP’s summons - the additional advocate-general was directed to summon the CM with his report - Shah appeared before the bench along with provincial ministers and advisors, including Saeed Ghani, Murtaza Wahab and Nasir Hussain Shah.

The CM was asked by the CJP whether judicial orders have been implemented.

“All the institutions including the Sindh Building Control Authority (SBCA) make compromises but still don’t work,” remarked CJP Ahmed.

The CM maintained that all encroachments from footpaths have been removed and containers in the vicinity of the Chief Minister’s House have also been removed.

However, CJP Ahmed observed that the containers surrounding the CM House were a matter of his own security. What does the court have to do with it, asked the CJP.

The CM replied that former Karachi mayor Wasim Akhtar had the authority to remove encroachments but he did not.

At this the CJP observed that the Karachi mayor has left and asked what measures the provincial ministers took in this regard.

The CM maintained before the court that judicial orders were implemented with the approval of the cabinet. He further informed the court that roads are being extended and saplings are being planted.

The CM requested the bench for more time to submit a report on implementation of judicial orders.

The court accepted Shah’s request and directed him to submit the report within a month.

Kidney Hill Park

Hearing the case pertaining to Kidney Hill Park, the apex court directed the authorities to clear encroachments and illegal occupation at the park’s land. The bench directed the authorities to open the park for public by June 31, 2021 after restoring it into its original form.

Expressing annoyance at the Sindh Building Control Authority Director-General Shamsuddin Soomro, the CJP remarked that half of the city will be razed and 14 million people will be killed if the metropolis is hit by a single tremor.

Addressing Soomro, the chief justice remarked that the DG has divided official posts among each other. The CJP observed that officials take up these posts in turns and after that some of them flee to the United States of America and some to London.

“The city has turned into a graveyard of buildings,” remarked CJP Ahmed. The entire city has been ruined by the construction of high-rise buildings in every street, he added.

All illegal constructions have been done with the approval of the government after an exchange of money, remarked CJP Ahmed.

During the hearing Soomro maintained that the SBCA has made a zero tolerance policy.

However, the CJP was not satisfied. The city is now privatised, he remarked. Who gave permission for the construction of Defence Housing Authority city at M9 Motorway, inquired CJP Ahmed. “Don’t you know what is happening under your nose?” the CJP asked, directing his anger towards the SBCA DG. The entire city is full of encroachments and illegal constructions but the Karachi commissioner and the SBCA DG know nothing about it, remarked CJP Ahmed.

When the top judge inquired whether Karachi Commissioner Navid Ahmed Shaikh had observed the situation in person or not, Shaikh stated that he has visited the Kidney Hill Park.

CJP Ahmed further inquired about the measures taken thus far to implement judicial orders, and noted that all the rubble is still lying there. He warned the commissioner to get the land of Kidney Hill Park cleared or the commissioner would be sent to jail.

The apex court directed the city commissioner to clear encroachments and illegal occupation on Kidney Hill Park’s land, and open up the park for public by June 31, 2021 after restoring it to its original form. The bench further directed the authorities to submit a report after removing all encroachments.

Published in The Express Tribune, December 30^th, 2020.