CJP gives a month to raze encroachments

Apex court orders removal of illegal constructions on park, state lands

Karachi Commissioner Navid Ahmed Shaikh informed the Supreme Court on Wednesday that there are 34 houses built on Kidney Hill Park land, and there are people residing in them.

A three-member bench of the apex court, headed by Chief Justice of Pakistan Gulzar Ahmed and comprising Justice Sajjad Ali Shah and Justice Qazi Muhammad Amin Ahmed was hearing a case pertaining to encroachments on the park's land.

On the same day, the bench took up cases in relation to land records and encroachments in PNT Colony, among others.

The bench directed Shaikh to raze the houses constructed in Faran Society within two weeks and issue notices to the residents before launching the operation.

CJP Ahmed warned the commissioner of contempt of court action against him and reminded Shaikh that he had earlier stated that all encroachments had been removed.

At this, Shaikh maintained that all the land had been rid of encroachments according to their records but the houses identified on Monday are separate.

During the hearing, Amber Alibhai of not-for-profit organization Shehri, informed the court that 24 houses of Faran Society and Overseas Society that had to be razed are established on an area of 6.1 and 6.3 acres of land out of the 62 acres of land, which has been illegally occupied.

The court directed the commissioner to raze the houses constructed on the park's land within two weeks and submit an implementation report. The court also issued notices to the owners of four houses near Overseas Society and the president and secretary of Faran Society.

Land records

Hearing the case pertaining to forgery of land records, the bench directed all deputy commissioners of the province to take action against illegal occupation on state property across Sindh. The court further issued orders for the restoration of green belts, removal of encroachments from parks and playgrounds and ending illegal occupation of land owned by the forest and irrigation departments. The relevant authorities were directed to submit a report after clearing these lands within a month.

Board of Revenue Senior Member Qazi Shahid Pervaiz submitted a report filed on computerisation of land records. Following this, the CJP asked Parvaiz whether there was any state land left in Sindh.

Parvaiz conceded that state property has been encroached in the province, adding however, that an anti-encroachment campaign is underway.

Irked at the response, the top judge observed that one can go and see the state lands illegally occupied at Super Highway. Encroachments abound on University Road and Malir, noted CJP Ahmed. "You don't need any judicial orders, being SMBR it is your responsibility to vacate illegally occupied lands."

The bench then asked how many amenity plots, parks and government lands have been vacated.

Parvaiz maintained that efforts are underway for the removal of encroachments and that 1,000 acres of land in Malir has been vacated recently.

However, the court was not satisfied. The CJP remarked that forgery in land records surfaces daily. Mukhtiarkars make the records in their houses and offices, rebuked CJP Ahmed.

The SMBR informed the court that 70 million land records have been digitised in Sindh.

"There are huge glitches in the records [of lands] in Thatta because every single person has made records according to their will," remarked Justice Shah.

At this, Parvaiz stated that records till 1985 can be viewed online through the tracking code. The SMBR informed the court that 245,000 records were found to be fake during the digitisation process.

The bench sought records of all illegal occupations on all state lands across Sindh and directed the authorities to submit a report after clearing these lands of encroachments and illegal constructions within a month.

PNT Colony

Meanwhile, the apex court directed Attorney General of Pakistan Khalid Javed Khan to present the records of buildings constructed on Chaudhry Khaliquzzama Road. The bench also directed the relevant authorities to remove encroachments from PNT Colony in the case pertaining to encroachments in PNT Colony.

The top judge expressed annoyance at the authorities for not vacating encroached lands as yet and at the use of state land for private purposes.

CJP Ahmed remarked that the entire area around PNT and Neelum colonies has been reduced to slums. How could the status of cantonment properties be changed, asked the CJP.

The bench sought arguments from the parties over the ownership of cantonment lands and their allotment to private individuals and directed the Centre to submit a detailed report within a month on 260 high-rise buildings in the area. Besides, the bench issued notices to the owners of illegally allotted land of Hyper Star.

The court adjourned proceedings on the cases till today (Thursday).

Published in The Express Tribune, December 31^st, 2020.