While vacating all the stay orders stopping anti-encroachment drive in the port city on Monday, the Supreme Court issued directives to Karachi Metropolitan Corporation (KMC) to restart work to widen Gujjar Nullah and Orangi Nullah ahead of monsoon season. A three-member bench of the Chief Justice Gulzar Ahmed passed the orders while adjudicating a case relating to encroachment in the port city and Karachi Circular Railway at Karachi Registry.
At the outset of the hearing, the KMC counsel submitted that the work on the expansion of Gujar and Orangi Nullahs was underway in pursuance of the top court orders, but the anti-encroachment tribunal has stopped them from razing the leased houses.
Chief law officer of the Sindh apprised the bench that a total of Rs20,000 per month rent would be given to the affectees of the nullah. To which the Chief Justice observed who is responsible for leasing the nullahs saying the Sindh government is responsible for leasing the land of drain.
As the affectees of the Gujar and Orangi Nullahs anti-encroachment operation protested outside the court premises and demanded a ‘house for a house’, the apex court annulled all restraining orders against the anti-encroachment drive. Besides, the court dismissed the dwellers’ plea against the anti-encroachment drive and request for compensation observing how the court could give relief to the people occupying the state’s land.
Counsel for affectees, Faisal Siddiqui apprised the bench that KDA, Katchi Abadi Department and KMC have granted the lease of the houses saying the top court has not given any order to build a road around the canals as the decision of the Supreme Court is being misinterpreted in this regard.
“It is all a matter of China cutting – If the land is government-owned, how can relief be given to the affectees?” Chief Justice Gulzar Ahmed inquired. “Don’t know how these leases were given. This land is not the land of the affectees.”
Advocate Siddiqui submitted the leases of houses belonging to the rich should also be checked to which a member of the bench Justice Ijazul Ahsan plainly observed the counsel should take the leases to the concerned department and prove it.
During the course of proceedings, the Sindh chief law officer submitted that a 10-foot-wide road will also be built on both sides of the drain after the encroachment drive, adding the width of the drain would not be affected after a new road is constructed along its bank.
Upon which Justice Ijazul Ahsan observed that if a road was being constructed, then its approval would be in accordance with the law whereas the Chief Justice remarked that if the leases were checked, then ‘all the fraud would come out as the documents are fake.
Earlier it was reported that scores of children affected by the anti-encroachment drives along with Gujar and Orangi Nullahs staged a protest outside the Karachi Press Club appealing to the court to uphold the stay order issued by the Sindh High Court against demolitions.
Holding placards and shouting slogans, the children decried the humanitarian crisis in Karachi’s Central district with several families displaced because of the demolitions. Civil society groups claim that the anti-encroachment drives, along the stormwater drains, which the SC ordered in connection with cleaning of the nullahs, have already rendered a large number of children homeless. They argue that roughly 21,000 children will be displaced if all the marked houses along Gujar and Orangi nullahs are demolished.
Meanwhile, hearing another case pertaining to a shopping centre and club near Aladdin Water Park, the top court issued directives to concerned authorities to stop all the commercial activities in a bid to restore Aladdin Water Park in its original shape. The bench directed the authorities to raze the Pavilion End Club and shopping centre located near the water park.The court has sought a progress report from the authorities within two days after directing them to demolish all the illegal structures at Kashmir Road.
While hearing a separate case, earlier during the course of the day , Chief Justice Gulzar Ahmed observed people in Tharparkar are desperate for a drop of water even today. “Not a single RO [Reverse Osmosis) plant was installed but Rs1500 million had been spent,” he added. “What plan does the government have?” the chief justice Pakistan asked the Advocate General, observing the situation is getting worse. Later, vacating all the stay order in the matter, the top court bench issued directives to the KMC to continue the anti-encroachment drive along with the Gujar and Orangi nullahs for the expansion.
