Tooba Arcade: Seven years on, residents, NGO still fight for public space

Kharadar site had toilets and a garbage bin from before Partition.

KARACHI:

The fight continues to save a Kharadar plot that used to have toilets and a garbage bin from before Partition.

In 2004, a number of residents were joined by NGO Shehri-CBE (Citizens for Better Environment) to challenge in court what they say is the illegal decision to turn the amenity or public plot into a commercial-residential one.

The hearing was adjourned in the Sindh High Court on Wednesday for the umpteenth time by Justice Faisal Arab and Justice Aqeel Ahmed Abbasi.

The petitioners are Rizwan Edhi, Kareem and Abdul Razzaq Sangani, residents of Jaffer Fida road, Gawali street and Rehmat Manzil, Kharadar.

They have named in their case the purchasers and owners of the plot, Muhammad Saleem Kasbati and Muhammad Iqbal, the KBCA (now Sindh Building Control Authority), the city government and the land revenue department.

According to the petitioners, plot No. G-K-6 was an amenity plot upon which public toilets and a garbage bin were constructed in the pre-Pakistan era.

It was orginally 175 square yards but was extended to 425 square yards as a result of the alleged collusion between the builder mafia and certain CDGK officials.

Now the structure is badly disturbing the utility services and environment.

They argued that the plot was illegally auctioned off in violation of CDGK rules.

The lease signed between the buyers and CDGK stipulated that they would construct only a ground-plus-first floor building but instead a six-floor Tooba Arcade sprung up.

NGO Shehri CBE, which later joined in the petition as intervenor after a serious legal battle, also pointed out sixteen other violations. Interestingly, the CDGK threw its weight in favour of the owners and was helped by the KBCA. Since the petition went to court, it has submitted different reports to certify that the builder has made the changes to conform with the rules.

For its part, the Sindh High Court restrained the authorities from providing the building water, electricity and natural gas connections. But these orders were violated as well. Contempt of court proceedings are awaiting adjudication.

On Wednesday, when the matter came up for hearing, no one was present and as a result, the bench put off the proceedings indefinitely.

Published in The Express Tribune, December 8^th, 2011.