Commercial and housing projects on Kent lands in Karachi are illegal: SC
Demolition of the Tesla Tower has begun following a court order
The Supreme Court of Pakistan has ruled that the lands allotted to the cantonment board by the federal and provincial governments are for cantonment purposes only and that commercial and housing projects there are illegal.
After hearing cases regarding illegal encroachments and lands allotted for welfare purposes in Karachi on Wednesday, Chief Justice Gulzar Ahmed in his order stated that housing and commercial activities on cantonment lands under Cantonment Act 1924 and Land. Are a violation of the Acquisition Act 1937.
Chief Justice Gulzar Ahmed has issued notices to Secretary Defense, Attorney General of Pakistan, Advocate General Sindh, Karachi and all cantonment boards for violation of the Act and summoned them for the next hearing.
There are 6 Cantonment Boards in the city including Karachi Cantonment Board including Manora, Korangi Creek, Malir, Clifton and Faisal Cantonment Boards.
During the hearing, Chief Justice Gulzar Ahmed remarked that the land of Kent is not the private land of anyone who distributed it, it is the land of the state.
Referring to Masroor Base, Faisal Air Base, he said that commercial complexes have been constructed on the land of Central Ordnance Depot, marriage halls have been constructed, schools have been constructed, airbase is a strategic place and societies have been formed there.
Lawyers pointed out that the court had asked for the wedding hall to be closed and alleged that the celebrations were being held at night with the lights off and that the Askari Park had not been opened to the public.
A lawyer alleged that DHA Phase One was parked next to Masjid Tobia, where bars were first erected and then closed to the public. On this the Chief Justice addressing the cantonment officer said that this is your method of operation. First they build the wall, then they do not know what is inside and then the building is built. He asked the officer to inform the court about the number of parks in the cantonment including this one and their condition.
Amber Bhai, a Karachi-based civil rights activist, provided the court with details of alleged occupation of welfare plots, parks and grounds in the city, alleging that former mayor Nematullah Khan had converted 29 roads in Karachi into a commercial area. His goal was to raise capital, which was opposed by civil society. He claimed that Jamaat-e-Islami became unpopular, after which MQMI made it a business, commercialization was done but urban planning was not taken care of.
Karachi administrator Murtaza Wahab claimed that the main reason for the deterioration in the city was the decision of Nematullah Khan, where a family used to live on a plot of 400 yards.
Chief Justice Gulzar Ahmed asked what was the solution. Justice Ijaz-ul-Hassan said that what is the building control authority doing, how does it pass the maps.
Murtaza Wahab told the court that there were 17 agencies operating in the city, 11 of which were federal and lacked co-operation. Amber Bhai suggested setting up a joint venture or authority.
Addressing Murtaza Wahab, Chief Justice Gulzar Ahmed said that you have political objectives, you are working on political basis, he (administrator) should be an administrative post.
Murtaza Wahab in reply said that he is working for the people and this city belongs to him and he will work for it. Justice Ijaz-ul-Hassan said that legislation should be enacted to create a joint authority.
The Chief Justice directed that the illegal encroachments and buildings along Korangi Bridge (Jam Sadiq Bridge) be removed and land be allotted for public welfare there. He also rejected the allotment of KMC Cooperative Society in Gutter Garden and directed allotment of land there for public park.
Amber Bhai told the court that there was a gutter garden on 1161 acres where water was drained before the formation of Pakistan. He had been fighting against encroachments on this land and that one of his workers Nisar Baloch had been killed in it. They alleged that the 200-acre KMC of the park had 'gifted' itself and allotted it to the society.
Justice Ijaz-ul-Hassan expressed surprise that KMC gave its land as a gift. How did this happen? The court has ordered to cancel the allotment.
Nestle Tower
Earlier, as soon as the hearing was presided over by the Chief Justice of the Supreme Court, Gulzar Ahmed, the Chief Justice asked what happened to the demolition of Nestla Tower. Commissioner Iqbal Memon informed him that work had been started on which the Chief The Justice directed them to immediately take the heavy missionaries and complete the work
Was part of the road.
Chief Justice Gulzar Ahmed asked the commissioner how many buildings have collapsed, how much work has been done. Tower down.
Implementing this order, the administration has started the process of demolishing the building and the ground floor walls were demolished till 7 pm on the first day.
It may be recalled that after the disconnection of electricity, water and gas connections, the residents took away their belongings.
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It may be recalled that the Supreme Court had ordered demolition of the 15-storey Nestle Tower at the confluence of Shahra-e-Faisal and Shahra-e-Qaedin in Karachi and in its judgment had said that 780 out of 1044 square yards were illegal encroachments as it Was part of the service road.
Chief Justice Gulzar Ahmed asked the commissioner how many buildings have collapsed, how much work has been done.