The Supreme Court gave the Sindh government a year’s time on Wednesday to rehabilitate the affectees of the anti-encroachment operations at the Gujjar, Mehmoodabad and Orangi nullahs.
A three-member bench led by Chief Justice of Pakistan Gulzar Ahmed and comprising Justice Ijazul Ahsan and Justice Qazi Muhammad Amin Ahmed and the Sindh Advocate-General (AG) Salman Talibuddin exchanged heated words as the latter cited a lack of funds.
As the hearing began at the Karachi SC Registry, the CJP inquired about the progress on Gujjar Nullah and was informed by Talibuddin that the Board of Revenue had submitted its report. “Alternate space has been allotted to the affectees on 258 acres of land, where more than 6,000 houses will be built,” said the Sindh AG.
Dissatisfied, Justice Ahsan remarked that the government was making promises for the future.
At this, the Sindh government’s lawyer cited a lack of funds and contended that work would begin if Bahria Town Karachi (BTK) funds were received.
“You have received your money. What sort of claims are you making? You have given it in writing,” remarked the CJP, irked at the provincial government’s request for Rs10m of Bahria Town funds to be released.
Referring to the commission formed by the apex court to oversee the disbursement and utilisation of BTK funds last October, Justice Ahsan said that the commission would decide how the funds would be spent.
“If your government does not have funds, it means it is not functional. It does not have money for the people but it is still running all other affairs and has funds for ministers,” remarked the CJP, adding that the top court would decide how the BTK funds are spent.
“You are pinning hopes on money that hasn’t arrived yet. The funds haven’t come but the whole world is ready to receive them,” added Justice Ahsan.
At this, the AGP contended that Rs70 billion out of Rs462b have been deposited.
Discussion in the courtroom grew heated as advocate Talibuddin argued that the provincial government was seeking the release of its own funds.
The CJP remarked, however, that it was not Sindh government’s money and it should refrain from laying claim to the funds.
Read More: At least 20 held for resisting demolition drive
During the hearing, Attorney General of Pakistan (AGP) Khalid Jawed Khan stated that BTK funds should be spent on Sindh’s people. “The Centre is ready to make way for Gujjar Nullah affectees. Both the governments must sit together.”
Justice Ahsan observed that the money would be spent on the people of Sindh but the court will decide on it.
The Sindh AG could not satisfy the court with his arguments and replies.
“The whole of Karachi is full of filth. No one is ready to take responsibility. There are overflowing gutters. The city submerges after a little bit of rain. Trillions of rupees come in foreign aid but they say they do not have funds,” rebuked the CJP. “The same is true for the Sindh and federal governments. If you cannot provide service to people then what is the purpose of the government?”
Expressing anger, the court suggested the provincial government approach the World Bank or the International Monetary Fund (IMF) for funds as it does for other works.
At this, advocate Talibuddin argued that the foreign aid was for development works and those were being done.
His reply was dismissed by the CJP, who remarked that no work was being done.
The CJP directed the Sindh government to implement the court’s orders and inquired about the action taken against the officials who issued leases on which leased structures were built.
Advocate Talibuddin replied that issuance of leases was a 40-year-old matter, which irked the court further.
The top court ordered the government to ensure rehabilitation of the affectees within one year and manage with the available resources. Sindh Chief Minister Syed Murad Ali Shah was directed to submit an initial implementation report within two weeks.
Parks and recreation
Separately, the bench directed the relevant authorities to restore the lands of Aladin Park and the Pavilion End Club to their original condition and directed the Sindh government to release the required funds.
The top court inquired about the Kidney Hill Park and the Karachi YMCA ground as well, directing the government to ensure the reclaimed land is not used for any other purpose.
Karachi Commission Navid Ahmed Shaikh and the Sindh government were directed to construct parks on Pavilion End Club and Aladin Park land.
Published in The Express Tribune, September 23rd, 2021.
1730464033-0/BeFunky-collage-(12)1730464033-0-165x106.webp "article")
COMMENTS
Comments are moderated and generally will be posted if they are on-topic and not abusive.
For more information, please see our Comments FAQ