Neher-e-Khayam: SHC asks KMC for width of storm drain, again

Petitioners accuse municipal authorities of selling drain land illegally

KARACHI: The Sindh High Court (SHC) has once again directed the Karachi Metropolitan Corporation (KMC) to submit the documents showing the actual width of the storm water drain, Nehar-e-Khayam, in Clifton.

A division bench, headed by Justice Syed Hasan Azhar Rizvi, called the documents by the next hearing. A date will be notified later.

A resident, Amina Jilani, had taken the KMC administrator, Sindh Building Control Authority director-general, the land utilisation department's secretary, the Karachi Water and Sewerage Board (KWSB) chief executive and others to court for allowing illegal land conversion.

The petitioner said she purchased a plot in KDA Scheme No 5 only because of the presence of an amenity land there, which has clearly been earmarked for a storm drain in the scheme's master plan. Jilani recalled that, back in 1990, the then city district government had intended to generate revenue by selling this amenity space in violation of the relevant laws.

The officials had carved out eight plots along with two corner plots from the drain's land, she recalled, adding that later the KMC had to cancel such illegal conversions after some aggrieved parties challenged it in the court. In her plea, Jilani alleged that unlawful construction is once again being carried out on the drain's land.

On March 5, the judges had directed the KMC authorities to ascertain the 'actual' width of the drain. During Monday's proceedings, KMC legal adviser Syed Sultan Ahmed appeared and requested for time to file the comments on behalf of the corporation. Adjourning the hearing indefinitely, the two judges allowed time, with directions to Ahmed to do the needful by the next date.

Past warnings

Earlier, the SHC bench had barred the KMC authorities from converting the amenity space into plots until further orders. Meanwhile, an inspection of the site was also ordered on the petitioner's allegations that construction work was underway at the site.

A court official, who was appointed to carry out physical inspection of the drain, had also verified the allegations.

Published in The Express Tribune, March 10^th, 2015.