Defence aide to settle commercialisation dispute

SHC directs secretary of defence to decide problem of commercialising bungalows along the Gizri flyover.

KARACHI: A division bench of the Sindh High Court (SHC) headed by Chief Justice Sarmad Jalal Osmany directed the secretary of defence on Monday to decide the problem of commercialising bungalows along the Gizri flyover.

The instructions were given after the Clifton Cantonment Board’s (CBC) lawyer stated before the bench that its bylaws do not allow such commercialisation. The court was also told by the respondents, including the Defence Housing Authority (DHA), that according to the law, a zoning study is mandatory before it can be decided whether an area can be commercialised or not.

There are also other requirements, including permission from the federal government, without which land under the CBC and DHA cannot be used for purposes other than those outlined by them before.

After hearing the lawyer, the court directed the secretary of defence to record the statements of petitioners who own bungalows along the flyover, intervenors and other stakeholders and then resolve the issue with respect to the relevant laws.

Owners of the bungalows near the flyover had approached the court after the flyover was completed and opened for public. They had asked the court to declare their properties commercial. The petition was opposed by several NGOs, the DHA and CBC on the grounds of environmental degradation that these commercial areas would cause.

Published in The Express Tribune, October 19^th, 2010.