The Supreme Court (SC) directed the Karachi Metropolitan Corporation (KMC) on Thursday to submit a feasibility report pertaining to the widening of Mehmoodabad Nullah in PECHS Block-VI, after consulting with NED University of Engineering and Technology.
A three-member bench headed by Chief Justice Gulzar Ahmed and comprising Justice Ijazul Ahsan and Justice Qazi Muhammad Amin Ahmed was hearing the KMC's petition at the SC Karachi Registry.
The KMC's counsel Advocate Omar Lakhani contended that the PECHS had built a whole market on the nullah's land. "Due to the presence of 69 shops, the KMC is unable to widen the nullah," argued the counsel. He added that the KMC wanted to widen the Mehmoodabad Nullah, but the PECHS was not allowing it to do so.
The counsel requested the court that the case may be heard along with the Gujjar Nullah case.
The court denied the KMC's request to club this petition with the Gujjar Nullah case and sought
CJP Gulzar Ahmed remarked that the case would be heard separately. The court sought a report on the widening of the Mehmoodabad Nullah. The court directed the KMC to submit NED University's feasibility report on the matter.
Gujjar Nullah Case
The Gujjar Nullah case also echoed during Thursday's hearing. The KMC's counsel said that the apex court had ordered the widening of nullahs but the SHC was issuing restraining orders. "Not only restraining orders but also contempt of court is being imposed on our officers."
The KMC's counsel prayed the court to restrict the SHC from issuing restraining orders and initiating contempt action over demolitions. The CJP asked the counsel to file a petition in this regard and said the apex court would look into the matter.
Separately, in its written order on the Gujjar and Orangi nullah cases the bench reiterated that the Sindh government's position of insufficient funds for rehabilitation of affectees was not acceptable. The court directed the Sindh government to ensure rehabilitation and resettlement of affectees within one year.
Meanwhile, the bench has issued its written orders on the construction of two private hospitals on welfare plots in Clifton and encroachment on government lands in Jacobabad.
The top court sought a list of welfare plots in the city on which unauthorised buildings have been erected and issued notices to the KDA DG, the Karachi commissioner, city administrator and heads of all the cantonment boards. In its written order pertaining to the occupation of government lands in Jacobabad, the court sought replies from the parties accused of setting up a school, house and a hotel on land of a veterinary hospital.
Published in The Express Tribune, September 24th, 2021.
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