NIAMATULLAH KHAN ADVOCATE Versus FEDERATION OF PAKISTAN
ORDER
GULZAR AHMED, C.J.---
C.M.A. NO.541-K OF 2020 AND C.M.A.No.1062-K of 2021
Mr. Munir A. Malik, learned Sr. ASC for the applicant appeared and requested for adjournment on the ground that he is not feeling well today.
2. Adjourned to a date to be fixed in the next session.
C.R.P. No. 61-K of 2021.
3. There is an application for adjournment filed by Mr. Muhammad Faisal Siddiqui, ASC, representing the petitioner ground that he is not available in Karachi due to personal matter.
4. We note that the matters fixed before the Court are to be attended and personal reasons are not to be assigned for seeking adjournment. Even otherwise, as a Lawyer his duty is to attend court work first and then he may attend to his personal work. No reason except for bare personal matter has been stated in the application, is no ground for seeking adjournment of a case fixed before the Court. The AOR for the petitioner, who has signed the application, is also not in attendance. Consequently, C.R.P. No.61-K of 2021 is dismissed. for prosecution.
Gujjar Nala and Orangi Nala
5. It is informed that in respect of the encroachment and illegal occupations of lands of Gujjar Nala, Orangi Nala and Mehmoodabad Nala the purported occupants have filed in the High Court of Sindh the following matters: - a) C.P. No.D-2707/2021 (Shehri Citizens for a better Environment and others v. National Disaster Management Authority (NMDA) and others) b) C.P. No.D-2689/2021 (Abdul Hassan v. Province of Sindh and others) c) C.P.No.D-2864/ 2021 {Sued Sharif Uddin Ahmed v. Province of Sindh and others) d) C.P.No.D-3251/ 2021 (Sardar Masih (Deceased through LRs v. Province of Sindh and others) e) C.P.No.D-3252/2021 (Karainat v. Province of Sindh and others) f) Suit No.1255/ 2021 (Messrs Tinopak Industries (Pvl.) Ltd. v. Province of Sindh and others) g) Suit No.1071/2021 (Muhammad Amin v. Province of Sindh and others) h) Suit No.1246/ 2021 (Messrs Sohni Waving Factor and another v. Province of Sindh and others) i) Suit No.468/2021 (Fajan Khan v. Province of Sindh and others) j) Suit No.312/2021 (Mrs. Almas Rizwan and others v. Province of Sindh and others) k) Suit No.415/ 2021 (Muhammad Altaf Advocate v. Province of Sindh and others) l) Suit No.728/2021 (Abdul Latif v. Province of Sindh and others) m) Suit No.710/ 2021 (Mujeeb Ahmed. v. Province of Sindh and others) n) Suit.No. 697/ 2021 (Asif Ali v. Province of Sindh and others) o) Suit No.836/2021 (Nisar Ahmed and others v. Province of Sindh and others) p) Suit No.727/2021 {Mst. Saeedan Bibi v. Province of Sindh] q) Suit No.595/2021 (Khursheed Ahmed and another v. Province of Sindh) r) Suit No.691/2021 {Mount Fuji Textile Ltd. v. Provinc of Sindh) s) Suit No.792/2021 (Messrs Friendship Dairy Limited v. Province of Sindh and cthersi t) Suit No. 995/2021 (Tariq Ilyas and others v. Province of Sindh and others) u) Suit No.903/2021 {Muhammad Farhan and others v. Province of Sindh and others) v) Suit No.961/ 2021 (Pervez and others v. Province of Sindh and others) w) Suit No.1092/ 2021 (Gul Khintab and others v. Federation of Pakistan) x) Suit No. 1256/2021 (Messrs Suleman Tee & Co. v. Province of Sindh and others).
6. It is informed that in all the above matters the High Court has passed interim orders, wherein it has stopped the demolition of structures constructed on the lands of Gujjar Nala, Orangi Nala and Mehmoodabad Nala, claiming that the plots of land have been purportedly leased out to the petitioners/plaintiffs in the above proceedings. This Court has already taken up the issue regarding encroachments and structures built on the lands of Gujjar Nala, Orangi Nala and Mehmoodabad Nala and in this respect had passed order dated 14.06.2021, wherein all encroachments in and around all the Nalas of Karachi were directed to be removed. Such Nalas included Gujjar Nala, Orangi Nala and Mehmoodabad Nala. The question of purported leases being obtained or given to the occupants of the plots of land in Gujjar Nala, Orangi Nala and Mehmoodabad Nala has already been adverted to by this Court in its order dated 14.06.2021, where such purported leases were found to be not in accordance with law, in that, nothing was shown as to how the plots of land came to be leased out by the purported authorities.
7. In any case, the lands of all the Nalas in Karachi including Gujjar Nala, Orangi Nala and Mehmoodabad Nala are meant for the purpose of Nalas only and not for construction of houses, commercial buildings or for use as industrial purposes. The encroachments and all sort of constructions made on the Nalas has to be received so that the flow of Nalas be made possible without any hindrance and to save the city from being submerged, drown or flooded during storm and heavy rains. The water does not enter the Nalas because of the constructions all around the Nalas and the torrent water also does not pass through the Nalas for that the very width of Nalas has become altogether so narrow that it will not cope with the routine flow of the water of Nalas.
8. In the circumstances, let notice be issued to all the petitioners and plaintiffs of the petitions and suits noted above, and in the meantime, all interim orders passed by the High Court n respect of construction on the lands of Gujjar Nala, Orangi Nala and Muhmoodabad Nala stand suspended.
9. Adjourned to a date to be fixed in the next session.
C.M.A. No. 819-K of 2021.
10. None present. There is no intimation. Consequently, the C.M.A. No. 819-K of 2021 is dismissed for non-prosecution.
C.M.A. No. 850-K of 2021.
11. None present. There is no intimation. Consequently, the C.M.A. No. 850-K of 2021 is dismissed for non-prosecution.
C.M.A. No.774-K of 2021.
12. Director General, Civil Aviation Authority is directed to be present in Court tomorrow i.e. 26.10.2021. Senior Member. Board of Revenue is also directed to be present in Court with full report regarding the lands of Civil Aviation Authority with their present status.
C.M.A. No.522-K of 2020.
13. It is stated that Plot Nos. SNBA-21-B and SNBA-23, KCB Union Ltd. Tipu Sultan Road, Karachi, which are meant for pal purposes have been illegally and unlawfully occupied and are being utilized for marriage hall purposes.
14. Let notice be issued to the KCHS so also the occupants of above noted two plots to explain as to why the marriage halls built on the above plots be not demolished and plots be used for the purpose of park for which they are meant. Notice be also issued to the Administrator, KMC. He shall ensure that if the land comprising of two plots is meant for park purposes, immediate action shall be taken for removal of all the constructions from the said plots by giving notices to the occupants of park. The Administrator, KMC shall submit before the Court all relevant reports and shall himself be present in Court on the next date of hearing.
15. Adjourned to a date to be fixed in the next session.
KMC
16. We have heard the Administrator, KMC. The submissions made by him apparently is not satisfactory for we note that there is mushroom growth of encroachments on public properties, namely, open spaces, parks; play grounds, roads, footpaths and other amenity lands. The Administrator, KMC shall ensure that all these encroachments are emoved, parks, playgrounds and open spaces, roads and footpaths and other amenity lands are cleared from all sort of encroachments and they are restored for the purposes they are meant for. The encroachments are not difficult to find as if only M.A. Jinnah Road, Karachi is focused, thousands of ncroachments will be found. In a similar way, other roads and footpaths in the city of Karachi are encroached upon and illegally occupied. The parks and playgrounds shall be provided with all necessary facilities, green areas, trees and furniture etc. The land of the parks and playgrounds shall be secured by installation of iron grills around them. Drinking water facility toilet facility and other necessary facilities shall also be provided in the parks and playgrounds with electric fitting. The report shall be filed by the-Administrator, KMC himself before the next date of hearing.
17. Adjourned to a date in the next session.
ST/Amenity Plots
18. The Director General, Karachi Development Authority (KDA) in the first place states that he was transferred from the KDA but on obtaining of a stay order from the High Court he is functioning as Director General, KDA. He has filed a statement of ST Plots (Amenity) in the land management areas of KDA. He states that KDA has in its custody old map and. master plan of the City of Karachi and requests for time to file all those old maps and. master plan. Let such be filed by the Director General, KDA within a period of one week.
19.. The report regarding ST Plots has been filed today in Court by the Director General, KDA and we did not have occasion to go through the same. We have, however, noted in Court that most of the plots meant for the purpose of parks have been occupied and encroached upon, on which houses has been constructed and some other commercial activities are going on. The Administrator KDA shall immediately take steps for restoring these lands. for the purposes they are meant and. immediately utilise them for the purpose as mentioned in the master plan. The Director General, KDA shall submit a further report regarding ST/Amenity Plots in the area of KDA. Waqar Memon, Senior Director, Master Plan Department, Karachi is also directed to be present in court along with all relevant record, more importantly, master plan and gazette notifications.
20. Adjourned to a date in the next session.
NASLA TOWER - C.R.P.NO.55-K OF 2021
21. The Commissioner, Karachi, who is present in Court states that formal possession of the Nasla Tower has been taken over by him and it is being got vacated from the purported occupants and that by 27th of this month, the whole building will be got vacated, and all electric, water, gas and other connections will be got cancelled and disconnected, and the process of demolition will immediately start. The Commissioner, Karachi is directed to have the building demolished through controlled modern device of detonation, ensuring no loss or damage to any property or person around Nasla Tower. The technology of such demolition of building is available and in practice throughout the world and even in the neighbouring countries, like India, such manner of demolition is being used. The Commissioner, Karachi shall ensure that the demolition work of Nasla Tower is completed within one week's time after 27th of this month, and the whole land is levelled and its nalla removed. The cost of demolition of Nasla Tower shall be paid by its owner and if the owner does not pay such costs to the Commissioner, Karachi, the Commissioner, Karachi can recover the same from the land owned by the said owner by having it attached and sold. A report in this regard shall be submitted before the Court by the Commissioner, Karachi who shall also be present in Court on next date of hearing.
22. The Commissioner, Karachi shall also appear before the Court tomorrow and give report regarding other assignments given to him by this Court.
C.M.A. NO.898-K OF 2020, C.M.As. NO.445-446-K OF 2021 AND Tejori Heights/Tower on Railway's Land AND CRP NO.15-K OF 2021 IN C.M.A. NO.906-K OF 2020 IN CONST.P.NO.9 K OF 2010 AND C.M.A. No.277-K of 2021 in CRP No.Nil of 2021 IN C.M.A. No. 898-K of 2020 AND C.M.A. No.278-K of 2021
23. These matters are adjourned for tomorrow i.e 26.10.2021.
C.M.A. No.773-K/2021 in C.M.A. No.826-K of 2020
24. Notice be issued to the Karachi Cooperative Housing Society Union, the builders, the Secretary, Ministry of Housing and Works, Islamabad, the Director General, Sindh Building Control Authority and the purported owners of Plot Nos.SNPAs,-70 and 72 measuring 3931 square yards, stated to be a public amenity park as per the Karachi Development Authority Master Plan which are being leased out to some builders through a power of attorney on consideration of Rs.5,000,000/- in the year 2012.
25. Adjourned to a date in the next session.
26. The Director General, Karachi Development Authority will ensure that park/playground in Sector-5 of New Karachi, which is being dumped with garbage and sewage water and is also occupied by some unhealthy elements will be got clear.ed and all unhealthy elements removed and turned into a. park and playground for use and enjoyment of the people of the locality. The D.G., KDA will ensure that the whole land of the park will be secured by erecting iron grills on its boundary with gated entry and proper facilities of sitting and recreation will be provided in the park and the playground immediately after cleaning the land and removal of all sort of unhealthy elements. Green areas will be grown, including, planting of trees or sheds and proper park furniture will be provided. Most of the area of the park shall be kept green rather than making it into hard surface area. The D.G., KDA will ensure that all these steps be taken by him as early as possible but preferably within one Month's time. He shall ensure that the land is given a sight of a park/playground and a report in this respect be submitted by him along with photographs.
27. Notices be issued to all the Administrators of District Municipal Corporations / District Municipal Commissioners of Karachi with direction to be present in Court on the next date of hearing. They shall also file reports concerning removal of encroachments from all roads, footpaths, streets, lanes and gallies and also remove all encroachments from parks and playgrounds within their respective areas. All roads, footpaths, streets, lanes and gallies on which any encroachment is found, those shall be removed immediately and the roads, footpaths, streets and gallies shall be cleared up and restored. They shall also ensure that proper lights on the roads, footpaths, streets, lanes and gallies are provided. If there is any garbage or refuse or any unhealthy elements in the parks and playgrounds, those shall immediately be removed and greenery work shall be started by laying green grass, plants and trees in the parks and playgrounds. Proper furniture shall also be provided. Facilities of electric lights, drinking water, Toilets for men and women and other recreation areas shall also be arranged. All dilapidated and unconstructed roads, streets, lanes and gallies shall immediately be constructed and if any repair is required, such repair shall also be immediately made and they are made useable to the public. All these things will be done by the Administrators/Municipal Commissioners and theywill get up their respective report before the .court on the next date of hearing.
28. Notice be also issued to all the Administrators of Municipal/Town Committees of District Hyderabad, particularly Latifabad and Qasimabad, District Jamshoro, District Badin, District Jacobabad, District Thatta, District Dadu, District Larkana, District Sukkur, District Ghotki, District Matiari, District Sanghar, District Kashmore; District Khairpur, District ShikEzpur, District Thando Allhayar, District Tharparkar, District St]i awal, District Umerkot, District Naushahro Feroz, District Benazirabad (Nawab shah), District Kamber-Shahdadkot, District Tando Muhammad Khan, District Mirpurkhas, through the Secretary, Local Government, Sindh with direction to be present in Court on the next date of hearing. They shall also file comprehensive reports regarding the above aspects dealt with in para 27 above.
MWA/N-13/SC Order accordingl