For Karachi: Saving the city’s amenity plots through judicial activism
Over the years, several cases have been filed in court to save the city's open spaces.
KARACHI:
The failure of executives - or the alleged complicity of both, the provincial and local administration, to maintain the city's amenity plots has compelled the judiciary to play a proactive role to protect Karachi's open spaces.
Over the years, several cases were filed in the courts by citizens trying to save open spaces exclusively earmarked for parks and playgrounds. Litigation seeking to restore these plots to their original status - many have been illegally encroached upon and converted into skyscrapers or residential plazas are pending adjudication.
Recent verdicts given by the Sindh High Court (SHC), however, indicate that the authorities are at fault as they have not been performing their duties.
Case updates
Last month, the SHC gave Karachi Metropolitan Corporation's (KMC) administrator Rauf Akhtar Farooqui four weeks to remove illegal encroachments from all over the city. This included structures on amenity plots.
The bench which passed the general order was headed by Justice Sajjad Ali Shah. This order was passed at a hearing for one specific amenity plot - ST-35 located in Landhi. Perviously, the Supreme Court of Pakistan had also ordered the KMC to do the same.
In response to a show-cause notice, Farooqui told the judges that two or three officers against whom the court had ordered action for facilitating encroachers had 'either died or been shot dead.' The case will now be heard on November 4.
Taj Mahal Park
During the hearing of another case, the SHC called Farooqui again and asked him to bring details of leases, transfers or allotments of an amenity plot which was illegally converted into a housing scheme in North Nazimabad.
The case was originally filed by the former mayor of Karachi, Niamatullah Khan, in 2007 against the conversion of Taj Mahal Park, as it was in violation of the building laws as well as judgments of the apex courts.
During the course of hearings, which have been going on for more than seven years, the court passed various orders and directives but the authorities did nothing. It wasn't until October 3 when a two-judge bench which was going through past orders and their non-compliance became irritated and ordered the city's administrator to appear in person and explain why orders had not been followed.
Days before this hearing, the same bench had also issued notices to the administrator, provincial heads of the police and the Rangers over allegations of their inaction to stop unauthorised constructions of a tennis court on an amenity plot by a former lawmaker and his sons.
Nehar-e-Khayam
As the most commercial district of the country, every inch of Karachi is considered more valuable than gold - this is why land grabbers aim for unregistered or undeveloped state lands but also keep an eye open for spaces meant for parks, playgrounds,community centres, graveyards, hospitals, parking lots, greenbelts and even storm-water drains.
Nehar-e-Khayam is one such example. While hearing a case against the conversion of an amenity land for a storm-water drain in Clifton, the SHC judges warned the KMC and other departments responsible for maintaining the drain that they would be held responsible if anything was constructed over it.
The judges took serious notice as construction continued despite their stay order. They cautioned that they would initiate contempt of court proceedings against those responsible for allowing the construction.
Anti-encroachment task force
On September 25, the KMC's anti-encroachment task force demolished a four-storey building in North Nazimabad on the orders of the court.
New Way Apartments, a four-storey building in North Nazimabad's Block W, right across Paposh Nagar graveyard, was found to be one of the several illegal constructions carried out by the land mafia. The officials, who swung into motion only after the court passed orders, claimed the piece of land in question was illegally carved out by the builders involved in the scam.
Greenbelt
In August, the same SHC bench also ordered the KMC administrator and Sindh Building Control Authority Director-General to seal a residential project built over a greenbelt in North Karachi. The court had also ordered local authorities to produce a layout plan and map of the area in question, showing the greenbelt.
Published in The Express Tribune, October 10th, 2014.
The failure of executives - or the alleged complicity of both, the provincial and local administration, to maintain the city's amenity plots has compelled the judiciary to play a proactive role to protect Karachi's open spaces.
Over the years, several cases were filed in the courts by citizens trying to save open spaces exclusively earmarked for parks and playgrounds. Litigation seeking to restore these plots to their original status - many have been illegally encroached upon and converted into skyscrapers or residential plazas are pending adjudication.
Recent verdicts given by the Sindh High Court (SHC), however, indicate that the authorities are at fault as they have not been performing their duties.
Case updates
Last month, the SHC gave Karachi Metropolitan Corporation's (KMC) administrator Rauf Akhtar Farooqui four weeks to remove illegal encroachments from all over the city. This included structures on amenity plots.
The bench which passed the general order was headed by Justice Sajjad Ali Shah. This order was passed at a hearing for one specific amenity plot - ST-35 located in Landhi. Perviously, the Supreme Court of Pakistan had also ordered the KMC to do the same.
In response to a show-cause notice, Farooqui told the judges that two or three officers against whom the court had ordered action for facilitating encroachers had 'either died or been shot dead.' The case will now be heard on November 4.
Taj Mahal Park
During the hearing of another case, the SHC called Farooqui again and asked him to bring details of leases, transfers or allotments of an amenity plot which was illegally converted into a housing scheme in North Nazimabad.
The case was originally filed by the former mayor of Karachi, Niamatullah Khan, in 2007 against the conversion of Taj Mahal Park, as it was in violation of the building laws as well as judgments of the apex courts.
During the course of hearings, which have been going on for more than seven years, the court passed various orders and directives but the authorities did nothing. It wasn't until October 3 when a two-judge bench which was going through past orders and their non-compliance became irritated and ordered the city's administrator to appear in person and explain why orders had not been followed.
Days before this hearing, the same bench had also issued notices to the administrator, provincial heads of the police and the Rangers over allegations of their inaction to stop unauthorised constructions of a tennis court on an amenity plot by a former lawmaker and his sons.
Nehar-e-Khayam
As the most commercial district of the country, every inch of Karachi is considered more valuable than gold - this is why land grabbers aim for unregistered or undeveloped state lands but also keep an eye open for spaces meant for parks, playgrounds,community centres, graveyards, hospitals, parking lots, greenbelts and even storm-water drains.
Nehar-e-Khayam is one such example. While hearing a case against the conversion of an amenity land for a storm-water drain in Clifton, the SHC judges warned the KMC and other departments responsible for maintaining the drain that they would be held responsible if anything was constructed over it.
The judges took serious notice as construction continued despite their stay order. They cautioned that they would initiate contempt of court proceedings against those responsible for allowing the construction.
Anti-encroachment task force
On September 25, the KMC's anti-encroachment task force demolished a four-storey building in North Nazimabad on the orders of the court.
New Way Apartments, a four-storey building in North Nazimabad's Block W, right across Paposh Nagar graveyard, was found to be one of the several illegal constructions carried out by the land mafia. The officials, who swung into motion only after the court passed orders, claimed the piece of land in question was illegally carved out by the builders involved in the scam.
Greenbelt
In August, the same SHC bench also ordered the KMC administrator and Sindh Building Control Authority Director-General to seal a residential project built over a greenbelt in North Karachi. The court had also ordered local authorities to produce a layout plan and map of the area in question, showing the greenbelt.
Published in The Express Tribune, October 10th, 2014.