The Sindh High Court (SHC) has directed the Karachi Metropolitan Corporation (KMC) and the provincial local government department to submit a report on the efforts being made to implement the Supreme Court’s directions about the affected residents of the Gujjar Nullah and Orangi Nullah areas.
The order came on a petition filed by the affected residents of the Gujjar Nullah area seeking the implementation of the SC’s directions, which had asked the provincial government to compensate and rehabilitate the displaced families.
The petitioners said that in violation of the SC’s order, the provincial government was continuously demolishing houses situated near the Gujjar Nullah on the pretext of expanding roads.
They requested the high court to direct the government to submit the proposal of the enhancement of the Gujjar Nullah site project, and the plan for the rehabilitation and compensation of the affected families.
The provincial law officer requested time to seek instructions about the work being undertaken by the authorities concerned as well as the relevant plan for the work to be undertaken for the implementation of the court’s orders. The KMC’s counsel had earlier said that the ongoing work would take place in conformity with the schedule.
An SHC division bench headed by Justice Aqeel Ahmed Abbasi directed the provincial law officer and the KMC to produce the relevant plan and the schedule of the work to be undertaken for the implementation of the SC’s order, and submit a compliance report with the relevant record by September 13.
The SC had ordered the provincial government to ensure that the affected residents of the Gujjar Nullah and Orangi Nullah areas were rehabilitated properly with all the present-day amenities.
School properties
The SHC also directed the KMC and the Katchi Abadi authorities to proceed against the delinquent officers who had issued illegal leases in respect of two schools’ properties, known as the Norwegian German and Korean schools, situated in Orangi Town.
The direction came on the petitions filed against encroachments on government schools’ land in Orangi Town. The petitioners have challenged the illegal conversion of the schools’ properties into residential plots.
In a pervious hearing the court had ordered the KMC and the Katchi Abadi authorities to file proceedings for the cancellation of unauthorised and illegal leases in the instant matters, and proceed against the delinquent officers who were involved in the issuance of the illegal leases.
The deputy director of the Orangi Township said that an inquiry has been initiated against the delinquent officers and the final report would be submitted in court. The petitioner’s counsel said that some unscrupulous elements were still continuing illegal construction on the subject area.
Justice Abbasi directed the District West deputy commissioner and the SSP concerned to ensure that no illegal and unauthorised construction whatsoever or any encroachment was being raised in violation of the plan, and that the necessary assistance was provided to the KMC for the purpose.
The West DC had earlier told the court that the revenue department had not issued any lease in respect of the two schools’ properties.
He said that no lease or ownership within the boundary wall of the 61,057 square yard plot of the Norwegian German school or the 9,968 square yard plot of the Korean school was issued by the revenue department or the DC.
He added that moveable encroachments on the Norwegian German school stood removed, and now the area of 61,057 square yards of the school was partially cleared, while the remaining area consisted of residential units whose record had not been provided by the Orangi Township project director.
Regarding the removal of encroachments from 9,968 square yard plot of the Korean school, the DC said that 22 constructed houses were found on 3,000 square yards, wherein families were residing.
He added that out of the 22 houses, 12 people had been issued leases by the KMC’s Katchi Abadi authorities. He also said that some 6,968 square yards out of the 9,968 square yards had been vacated and handed over to the authorities of the KMC’s Orangi Township.
The KMC had earlier said in its comments that due to financial crises, a proposal had been sent to the metropolitan commissioner for the construction of a government college and a hospital under the occupation of the Norwegian Trust.
The rest of the area was marked out as residential plots to generate funds, and they were given to the trustees, employees and workers of the trust, added the KMC.
The KMC also said that two plots of 600 square yards had been leased to the trustees that had been obtained by misrepresentation of facts, and the same had been used for commercial purposes.
Both the leases had been obtained fraudulently and used for commercial purposes, for which necessary action for the cancellation of the lease deed had been taken by the authorities, added the KMC.
Published at The News on 13th August 2023