Urban Resource Center (URC) [ENCROACHMENT AND EVICTION]

NEWSCLIPPINGS

JANUARY TO JUNE 2020

ENCROACHMETN & EVICTION

Urban Resource Centre A-2, 2nd floor, Westland Trade Centre, Block 7&8, C-5, Shaheed-e-Millat Road, . Tel: 021-4559317, Fax: 021-4387692, Email: [email protected], Website: www.urckarachi.org Facebook: www.facebook.com/URCKHI Twitter: https://twitter.com/urc_karachi

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Urban Resource Center (URC) [ENCROACHMENT AND EVICTION]

'2,100 traders given alternative shops'

Mayor Wasim Akhtar on Thursday said that as many as 2,100 out of total 2,600 traders affected in the anti-encroachment drive were so far given alternative shops for their businesses and the remaining would be given alternative places for business in the next two months.

Addressing a ceremony held in the Karachi Metropolitan Corporation‘s head office on the balloting of shops and offices to 405 affected traders of zoological garden market, he said that the municipal administration alone did all this with its resources as no one helped it in relocation of these traders.

Mr Akhtar said that it was his responsibility to focus on the problems of the city‘s people.

He said that the anti-encroachment operation was launched on the directive of the Supreme Court and it was aimed at restoring the original shape of the city.

The mayor admitted that the municipal administration committed a mistake by allowing people to carry out commercial activities on city parks, drains and pavements. ―The situation reached to the extent that the city lost its beauty and people faced a lot of difficulties in their daily life,‖ he added.

He said that it was unfortunate that the federal and provincial governments failed to secure their land and ownership of the city was never seen.

―The Sindh government ... initially made some commitments for supporting the relocation of the displaced shopkeepers, but nothing was done practically,‖ he said.

―The delay in allotment of shops is due to the fact that we want to provide permanent place for business to all affected traders,‖ he added.

Metropolitan Commissioner Dr Syed Saif-ur-Rehman said that it was even more important to relocate the traders than to remove them in the anti-encroachment drive.

The metropolitan commissioner expressed hope that these traders would do good business at the new place.

Parliamentary leader in City Council Aslam Shah Afridi said that the Muttahida Qaumi Movement- proved that it felt the pain of people. ―The mayor has given most of the affected shopkeepers their rights and the remaining would too get the alternative soon‖, he added.

Chairman of Karachi Tajir Ittehad Ateeq Mir said it was a pleasure to see such events that rehabilitated people‘s livelihood.

General secretary of Zoological Garden Market Association Asif Shehzad also spoke.

Later the mayor along with the metropolitan commissioner and traders‘ representatives performed the balloting and announced the names of traders who got the shops and offices at the alternative place. (By Newspaper‘s Staff Reporter Dawn, 16, 10/01/2020)

No ‘katcha’ houses to be demolished in winters: CM Murad

Sindh Chief Minister Syed Murad Ali Shah prohibited divisional commissioners and deputy commissioners from bulldozing katcha houses or cottages during the on-going winter season, warning them of strict action against them if they did so.

In a meeting on Saturday, Shah said that the provincial cabinet had decided that no katcha houses should be flattened during the chilly winter. He mentioned that the Supreme Court had ordered the removal of encroachments along the roads, footpaths, and nullahs. ―But the district administration has started bulldozing katcha houses along the embankments of the canals, leaving the residents and their children under the open skies,‖ he stated. ―This is an inhumane act and will not be tolerated.‖

The chief minister added that he would not mind the razing of bungalows built on encroached land, but he would not tolerate the bulldozing of katcha houses or cottages.

He revealed that based on his instructions, the Sindh Advocate-General had met the Chief Justice of the Sindh High Court and requested him to stop district and sessions judges from ordering the razing of katcha houses.

The Karachi commissioner and deputy commissioners of the city were present during the meeting, while the commissioners and deputy commissioners of other divisions and districts of the province were present via video links. (By Our Correspondent The Express Tribune, 04, 12/01/2020)

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Civil society distressed by anti-encroachment drives targeting the poor

To show solidarity with the affectees of the anti-encroachment drives that took place in the city last year, members of civil society called a press conference to share an open letter written by them to the political parties of Sindh at the Karachi Press Club on Tuesday.

Reading out the letter, Zahid Farooq of the Urban Resource Centre pointed out how the sudden removal of encroachments from the and along the (KCR) tracks had added to the misery of people with an increase in unemployment and poverty. ―There have been too many folks affected by the government‘s action in the first phase alone, and now the second phase promising far more devastation is hanging like a sword over these poor people‘s heads.

―While the small businesses of vendors around the Empress Market were wrapped up and their children pulled out of schools because the parents just couldn‘t afford to educate them, the KCR affectees are living in piles of rubble under the open sky. They are not just experiencing unemployment and poverty but mental torture, too. The circumstances of some [have] even pushed them to suicide,‖ he said, adding that such types of severe action only targeted the poor while illegal encroachments in the posh areas of Karachi continued.

‘The entire city is an encroachment’ Architect and town planner Arif Hasan said that the encroachments were there in the first place because of the governments‘ failure in providing the people the facilities they needed. ―That‘s how unplanned and haphazard development takes place as the city grows. There was no planning for businesses, for industry, for workers, etc. Where there was a need for warehouses they came up wherever people needed storage, where there was a need of the people to find dwelling, they built small huts and the katchi abadis came up. There were no planned bus terminals. Those too came up according to the requirements of people and thus the entire city is an encroachment,‖ he said.

Writes open letter to political parties in Sindh

―But still it is a living city and the Supreme Court‘s saying to turn it into how it used to be years ago was very strange, because how can one turn back the clock? Also it is important to mention here that the informal or street economy contributed 30 to 40 per cent to the country‘s total economy. It was a big sector of our economy which we killed by turning against our small business folk. There are laws to support street economy in other countries such as India, Thailand, Iran and Egypt. We should do that here as well and register our roadside markets,‖ he said.

‘They are not terrorists or bandits’ ―Another problem here is that people don‘t have a place to live. In the rural areas they live on the floodplains and wherever they can find land. But before calling them encroachers and removing them, it is the government‘s responsibility to provide them alternative places to live. After all, they are not terrorists or bandits. They are only living in these places because the government didn‘t provide them with adequate housing,‖ he said, adding that the people living along the KCR tracks had bought the land they live on from Railways people and so they had the right to live there.

Tasneem Ahmed Siddiqui of Khuda Ki Basti said that he had already created a model living area for the poor. He said that the late prime minister Zulfikar Ali Bhutto‘s slogan was ‗Roti, kapra aur makaan‘. ―To an extent he did provide cheap and affordable bread to the people, but where he couldn‘t provide them housing, he regularised katchi abadis. These places came up unplanned around industry or other places of work. After Bhutto even Zia regularised katchi abadis,‖ he said, adding that many people here lived on two dollars a day and it was not possible for them to buy land for housing.

―Here the government announces housing schemes in the name of the poor but the plots remain open because they are given to those well-to-do people who don‘t need to build another house,‖ he said.

‘A violation of human rights’ Asad Butt of the Human Rights Commission of Pakistan said that not providing jobs and a place to live was a huge violation of human rights by the government. ―But every government is looking to complete its tenure without doing anything for the people. There is a lack of political will,‖ he said.

Researcher, historian and anthropologist Gul Hassan Kalmati said that all the goths, poultry farms, dairy farms are now vanishing thanks to posh residential areas such as , DHA City, etc. ―The Bahria Icon Tower has been built on an amenity plot but the bulldozers here come for the poor only,‖ he said.

Social activist Naghma Iqtedar said that she wanted to see the Sindh government act on Bilawal Bhutto-Zardari‘s statement where he said that he held his head in shame that they had been unable to protect the poor and the helpless from the ‗heartless so-called anti-encroachment drive‘.

―He has demanded that the Sindh government pass a legislation mandating relocation, rehabilitation and compensation before any eviction,‖ she said.

Social activist and founder of Tehrik-i-Niswan Sheema Kermani said that displacement hurt womenfolk the most. ―They are living under the sky with no privacy and no toilets. Such misery leads to violence, especially sexual violence,‖ she said.

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Karamat Ali of the Pakistan Institute of Labour Education and Research said they were not against the KCR but they wanted the government not to act in such a rush before knowing if the circular railway was even possible. ―The Supreme Court wanted the KCR to become functional within two weeks and the government acted before doing any research or asking the experts what they thought about the matter. The work was to be done by professionals, not wishful thinkers, after all,‖ he said. (By Shazia Hasan Dawn, 15, 22/01/2020)

SC orders Sindh govt to retrieve forest land from encroachers

The Supreme Court has ordered the Sindh government to retrieve all encroached land in the province, ensure immediate cancellation of all illegal allotments of forest land and take over their possession.

―No delinquency in this regard shall be tolerated and the chief conservator shall ensure compliance of the court‘s orders,‖ said an order dictated by Chief Justice Gulzar Ahmed on Wednesday.

The chief justice was heading a three-judge Supreme Court bench, which included Justice Ijaz-ul-Ahsan and Justice Sajjad Ali Shah.

The order came on a petition moved by Qazi Ali Athar, an environment attorney, seeking an order to restrain the Sindh government from introducing any scheme in the province‘s forests for housing schemes, townships, land distribution, land reforms or other schemes or policies which amounted to deforestation or land possession.

The Supreme Court also ordered the Chief Conservator of Forests, Aijaz Nizamani, to seek assistance from the chief secretary for implementation and compliance of the court‘s directive.

If and when such assistance is requested, the apex court said, the chief secretary would ensure that it was provided adequately and without delay.

The court also sought a comprehensive report, to be furnished by the chief conservator, along with the GIS (Geographic Information System) imaginary report, identifying forest lands of the entire province on the next date of hearing.

Sindh‘s chief conservator of forests had informed the apex court, during a previous hearing, that out of 2.8 million acres of forest land in the province, 50,000 acres stood encroached upon.

But efforts were being made by the forest department to retrieve the same, the chief conservator said. At the same time he conceded that vast tracts of land had been illegally allotted, putting the blame mainly on the Sindh Revenue Department.

In its order, the court noted that even forest officials appeared to be involved in illegal allotments and occupation of forest land, mostly by individuals in power.

In his petition, Qazi Athar had questioned the departmental action of de-notifying the status of forest cover/land in favour of the Land Utilisation Department, Board of Revenue, in Jan 2012. He had also challenged a 2010 summary prepared by the Sindh chief minister for conversion of the status of ―forest‖ into ―revenue land‖.

The petition pleaded with the court to declare all forest lands in Sindh — 2,858,748 acres — as a national asset and protected zone. ―The forest cover should never be allowed to deplete in any circumstances.‖

Qazi Athar prayed for cancellation of all the allotted or leased forest lands and ejection of all land grabbers through an operation.

The petition highlighted a June 19, 2015, decision of the Sindh chief minister to distribute 9,552 acres of land among families of martyred army soldiers on an ownership basis. The chief minister had issued directives to the chief secretary, as well as the forest department, to move a summary for approval of the chief minister for changing the status of forest in Shikarpur district and other areas.

The petition alleged that the Nasri forest of Shaheed Benazirabad (Nawabshah) district was granted to Bahria Town for the development of their third mega project in Nawabshah.

In Karachi, thousands of acres of Kathore Reserve Forests and green belts were allotted to Bahria Town, the petition recalled. This countrywide grabbing of forest lands was of a piece with their previous practice regarding the statutory protected forests of Rawalpindi and Lahore.

The petitioner pleaded for constitution of a judicial commission to probe the organised deforestation or degradation of forests and for the formation of a national forest commission on a permanent basis under the Ministry of Climate Change.

He drew the court‘s attention to depletion of mangrove forests along the coast in Karachi, Badin and Thatta.

Qazi Athar had contended that the conversion of statutory protected forests and natural forests help check carbon emissions.

He prayed to the court to order the Sindh government to cancel the Sindh Agro-Forestry Policy of 2004 so that a comprehensive forest rehabilitation and protection programme could be thrashed out in consultation with all stakeholders.

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The apex court should direct the provincial government, the petitioner urged, to conduct GIS mapping of total forest cover of Sindh or through satellite conservation purposes on a quarterly basis.

The forest and wildlife department should be ordered to demarcate or carry out digital mapping of forest land under the supervision of a district and sessions judge, Qazi Athar said. (By Nasir Iqbal Dawn, 03, 06/02/2020)

CJP takes authorities to task over illegal construction once again

The Supreme Court ordered on Friday all illegal structures within the jurisdiction of Cantonment Board Clifton (CBC) in Karac hi to be demolished immediately.

A three-member bench, headed by Chief Justice Pakistan (CJP) Justice Gulzar Ahmed and comprising Justice Faisal Arab and Sajjad Ali Shah, heard the case against building violations in CBC-controlled areas of Karachi at the Supreme Court‘s Karachi registry.

During the hearing, the CJP questioned how construction was allowed in different localities within the CBC‘s jurisdiction, including Delhi Colony, Punjab Colony, P&T Colony and Gizri Road.

Ordering the demolition of high-rise buildings in the said areas, he added that strict action must be taken against the offenders and that his orders should be followed even in the event of his dismissal.

The CBC counsel claimed that there was permission to construct ground-plus-one buildings in Delhi Colony.

―Who said Delhi Colony is a residential area? You have not gone to the place in question yourself,‖ remarked Justice Gulzar. ―The attorney general should explain why construction activities are continuing in the said areas. Buildings with nine floors are being constructed – demolish them immediately.‖

CBC officials present during the hearing, however, stated that action had been taken against illegal construction in areas under their jurisdiction.

―What world are you living in? Do you think we do not know the reality?‖ the CJP demanded, telling them to destroy the buildings and replace them with parks.

Turning to the CBC land director, he asked on what grounds permission for such projects was given. ―Is this your government that you can do as you please? Can the CBC explain its position?‖ he asked.

‘Redraw master plan’ In a case pertaining to lack of town planning in the metropolis, the chief justice ordered the relevant authorities to redraw Karachi‘s master plan.

The apex court also admonished the officials concerned in regards to the haphazard planning in the city and directed a redesign of the city, adding that officials should seek help from civil engineers, experts and town planners. Blaming the provincial government for the current state of affairs, the chief justice said Karachi had become ―a mega-problem city.‖

Sindh Advocate General Salman Talibuddin suggested that a high-level committee should be formed to look into the matter, adding that officials from the relevant departments would continue to provide positive reports regardless of the city‘s reality. ―It is not our job to make a committee. If the government wants to do so, they can,‖ said Justice Shah.

During the hearing, the chief justice also inquired how a flyover was allowed to be constructed near the Quaid‘s mausoleum, along with other high-rise structures. ―[Shanty towns] hang from Mazar-e-Quaid like jewellery,‖ he noted, adding that they should be removed and their inhabitants resettled in apartment buildings.

Talibuddin assured the court that a committee would be formed and he would personally look into the matter.

Reallotting govt land The same bench expressed displeasure with the (KPT) for reallotting its land.

―How can the KPT sell and purchase land that was given to be used for port-related purposes?‖ asked Justice Gulzar, hearing a case pertaining to illegal construction on KPT property.

When the KPT counsel claimed the port authority could do so in line with its laws, the chief justice told him to read out the relevant laws in court.

―How can the board allot land to its own department? Can I, as chief justice, allot land owned by the SC to myself?‖ he asked, adding that this was illegal and must be stopped.

The counsel argued that the court orders would affect all those with leases, adding that some land had been allotted to the American consulate in Karachi as well.

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―KPT property cannot be transferred to anyone; otherwise, all departments will give their land to their own people,‖ the CJP stated.

The court ordered that land not being used by the port should be returned to the government. It further told the KPT to submit a progress report after implementing court orders within two months.

Marriage hall In another case, the bench ordered Pakistan International Airlines (PIA) to immediately demolish a marriage hall on its land on University Road and submit an implementation report on Saturday (today).

As the PIA legal services general manager told the court that they had already demolished all marriage halls built on their l and, Justice Gulzar expressed his displeasure. ―What are you talking about? I saw the marriage hall on University Road just yesterday,‖ he remarked.

The PIA official replied that the structure was there but was not being used. (By Our Correspondent The Express Tribune, 04, 08/02/2020)

SBCA calls for full-blown operation against illegal constructions

A full-fledged operation will be carried out against the illegal constructions in compliance with the orders of the Supreme Court, said Sindh Building Control Authority (SBCA) additional director-general Aashkar Dawar.

Dawar was heading a meeting on Monday regarding the orders issued by the Supreme Court last week to raze encroachments in different areas of the city. ―We will not show any leniency towards any officer or a staff member who is involved in illeg al construction, corruption or interruption in the demolition process,‖ he said.

He stated that there would be a zero-tolerance policy for anyone supporting and involved in the construction of substandard or ugly structures as well. Moreover, he said that the construction of commercial buildings on residential plots would not be tolerated as it has brought the city‘s infrastructure to the verge of destruction.

―The most important component for the betterment of the agency‘s standing is an act full of command and control. Therefore, all the directors must ensure the fulfillment of their responsibilities with sincerity,‖ he said, making it clear that he would not let anyone harm the SBCA‘s reputation.

He apprised the participants of the meeting that Sindh Local Government Minister Syed Nasir Hussain Shah and Chief Secretary Syed Mumtaz Ali Shah would be monitoring the process. The Supreme Coutr had also last week removed SBCA director- general Zafar Ahsan, giving the chief secretary temporary charge of the building authority.

According to Dawar, Liaquatabad has the most number of buildings with illegal floors. As a result, the meeting decided to begin its operation in this area. The demolition process will begin today, with the assistance of area police. (By Our Correspondent The Express Tribune, 05, 11/02/2020)

CM Sindh assures no katcha houses to be razed during anti-encroachment drive

Sindh Chief Minister Syed Murad Ali Shah has given assurances that, in line with the Sindh cabinet‘s decision, no katcha houses would be razed during the ongoing anti-encroachment drive in Karachi.

The statement came while the CM spoke to the media after attending an event held by the Sindh Commission on the Status of Women, in observance of National Women‘s Day, on Wednesday.

He said that the Supreme Court had also been requested to give the provincial government time to make alternative arrangements for the people who would be affected by the removal of encroachments across the province.

IGP’s transfer On a different note, the CM maintained that despite him proposing five names for the appointment of the new Sindh inspector general of police (IGP), on Prime Minister Imran Khan‘s advice, the matter was still hanging in the balance. However, he added, ―I am sure the PM will appoint the new IGP from among the proposed names in the larger interest of the province.‖

Responding to a question, the CM clarified that he, after consulting the cabinet, had first suggested three names for the appointment of a new IGP, as asked by the PM; later, the PM Secretariat asked for two more names, which too were sent. He expressed hope that the PM would soon give the approval for the appointment of the new IGP.

The CM said that the decision to remove the IGP was made by the cabinet and not just him.

―Now the federal government should honour the provincial cabinet‘s decision and give approval for the appointment of a new IGP,‖ he insisted.

Deduction of funds

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Responding to a question, the CM claimed that the Federal Bureau of Revenue (FBR) had directed the Sindh Excise, Taxation and Narcotics Control Department to collect withholding tax on its behalf without obtaining the department‘s consent. He complained that while the provincial department continued to ―serve FBR‖, the latter failed to acknowledge the former‘s efforts and unilaterally deducted funds from the provincial government‘s account. Moreover, FBR did not reimburse the amount even after multiple requests, he added.

The CM said that the government had decided to take up the matter before the cabinet, which would decide whether or not the excise and taxation department would continue to collect withholding tax on FBR‘s behalf.

He further alleged that ―FBR is not just targeting Sindh but other smaller provinces too, from whose accounts it is deducting funds.‖ Saying that the other provinces also made a hue and cry over the FBR‘s move, the CM underlined, ―I will keep fighting for the rights of Sindh and will get back the [province‘s] money.‖

Responding to another question, the CM said that Pakistan People‘s Party (PPP) leaders were standing strong in the face of injustice meted out to them.

Elaborating further, he assured that PPP chairperson Bilawal Bhutto Zardari would appear before the National Accountability Bureau (NAB), adding that he was summoned by the anti-graft watchdog whenever he raised public issues. ―But he is a strong leader and such notices cannot pressure him to stop raising issues of public interest,‖ the CM said.

He said that former president Asif Zardari ―languished in jail‖ for over 10 years but was not proved guilty of any offence. S tating that the cases were registered on the basis of political rivalries, the CM maintained that likewise, Bilawal was also served a notice by NAB due to political rivalries. He also mentioned that Zardari and his sister Faryal Talpur were granted bails on t he basis of merit. (By Our Correspondent The Express Tribune, 04, 13/02/2020)

Raze all encroachments in East district: SHC

Expressing displeasure over encroachments abounding in Karachi‘s East district, the Sindh High Court (SHC) ordered relevant authorities on Thursday to remove all illegal structures in the district and recover the encroached land.

During the hearing of a contempt of court plea, petitioner Irfan informed a two-member bench, comprising Justice Syed Hasan Azhar Rizvi and Justice Zulfiqar Ahmad Khan, that Dhoraji and Ghani Salahuddin Roads were encroached at multiple places. He contended that the court‘s orders were not being implemented completely.

However, East district anti-encroachment director Zahid Bin Khalil, submitting a report, claimed that Jamalud Din Afghani Park in the area was completely cleared of illegal structures. Citing the report, he said that 1,200 hoardings, 1,500 temporary setups by hawkers, 125 shops, 250 wooden cabins and 100 structures demarcating parking spots were all razed.

He maintained that the actions were carried out following SHC‘s orders, at which the court remarked that the operation agains t encroachments was to be continued.

―[But] we do not have [enough] machinery to remove all encroachments,‖ said Khalil, adding that it was not possible to remove all encroachments in a day. ―We have police assistance but most encroachments are movable and once asked to vacate a spot, the hawkers return some time later in the day,‖ he said.

Directing the relevant authorities to seek police help, the court ordered that all illegal structures in East district be removed.

Master plan sought Separately, the bench ordered that the master plan of Lines Area, prepared in 1980, be submitted to the court at the next hearing of the case pertaining to Lines Area Redevelopment Project.

During the hearing, Justice Rizvi remarked, ―Have you seen the condition of Lines Area?‖ The locality was not planned as a slum but a government colony, he said, adding that Jutland Lines, Jacob Lines and Lines Area were once attractive neighbourhoods belonging to the Baloch regiment. The court commented that the locality had turned into a slum and there was a lack in planning.

The master plan for the locality was prepared in 1980, the petitioner‘s counsel informed the court. He said that the plan was referred to the Karachi Development Authority, which was ―illegal.‖ He appealed to the court to hand over the plan to t he Sindh government instead and order its immediate implementation, besides directing to remove slums and encroachments from the area. The counsel also requested the court issue orders for revising the plan.

DNA testing delays At another hearing, a bench, comprising Justice Muhammad Ali Mazhar and Justice Yousuf Ali Sayeed, expressed annoyance over delays in conducting DNA tests while investigating rape cases, and summoned the Sindh Inspector General of Police (IGP) and home secretary, seeking explanation on the matter.

Hearing a plea seeking stiffer punishment for persons accused of rape, the court also inquired about the reasons behind delays in registering rape cases.

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The counsel for one of the rape victims claimed that police ―demanded money in exchange for handing over DNA reports.‖ He maintained that while relevant authorities in the province had formulated laws pertaining to rape, their implementation saw delays.

The court observed that no screening procedure was included in the investigation of rape cases. At this, the Sindh IGP informed the court that DNA tests were conducted in several cases and the police had been acting in accordance with the standard operating procedures. He added that he was monitoring some 760 rape cases registered across Sindh.

In response, the court, referring to a rape case, said the investigation officer (IO) didn‘t get a DNA test done for six mont hs despite knowing that there was a timeframe to conduct the test. ―It appears as if you people fiddle with the cases,‖ it remarked, ―and then people will hold the court responsible for freeing the accused.‖ (By Our Correspondent The Express Tribune, 04, 14/02/2020)

PTI vows to resist demolition of residential buildings

Leader of the Opposition in the Sindh Assembly, Firdous Shamim Naqvi, on Saturday said the Pakistan Tehreek-i-Insaf had decided in a meeting on the issue of Karachi Circular Railway that it would oppose the demolition of residential buildings until those who had permitted the illegal construction were punished.

―We have decided to demand that heads should be rolled of those who had permitted the construction on encroached plots before those buildings are demolished,‖ said Mr Naqvi after chairing a meeting at the Sindh Assembly building.

The opposition leader had invited lawmakers belonging to all opposition parties to formulate a joint strategy vis-a-vis the KCR issue. However, lawmakers only belonging to the PTI turned up and mulled over the matter.

Mr Naqvi, later speaking to reporters, said the situation had not changed in the city where corrupt elements were still permitting such constructions and minting hefty sums.

―One can bribe the police and encroach on any land. This is continuing and no one is there to stop it,‖ said the opposition leader. He said every plot was owned by one or another agency or private individual and those who had allowed encroachment and illegal construction should be given exemplary punishment.

―There are building inspectors deputed in every area, yet, illegal construction is continuing. Those inspectors, controllers, chief controller of the building control body, heads of departments and ministers; all are responsible for such criminal practices,‖ said Mr Naqvi.

He said the opposition had decided that it would appear before the Chief Justice of Pakistan and submit its point of view.

He made it clear that the opposition parties had decided that they would put up resistance if any residential building was demolished.

―We are ready to go to jail, but, we‘ll stop any attempt for demolition of any building. We‘ll not allow any residential building to be dismantled,‖ he declared.

However, he added, they would not oppose such demolitions if those who were involved and had created the problem were arrested first.

Mr Naqvi added that the opposition lawmakers had also decided to send a letter to Prime Minister Imran Khan regarding the issue.

Besides, he added, the railway minister would be contacted and asked for alternative accommodations for the affected people before demolition of their houses.

The opposition leader said they were not opposed to the encroachments that had been or were being removed from commercial establishments and footpaths, etc. But, the issue regarding people living with their families in the controversial buildings was altogether different. (By Newspaper‘s Staff Reporter Dawn, 16, 15/02/2020)

SHC issues arrest warrant for SBCA official over encroachments

The Sindh High Court (SHC) issued on Thursday an arrest warrant for Sindh Building Control Authority (SBCA) director Abdul Rehman Bhatti, over failure to remove illegal structures in compliance with court‘s orders.

A two-member bench, comprising Justice Syed Hasan Azhar Rizvi and Justice Zulfiqar Ahmad Khan, was informed by the petitioner‘s counsel, Altaf Ghaffar, that encroachments abounded in Karachi‘s Saddar Town, specifically referring to an illegally constructed building adjacent to .

He accused SBCA officials of providing patronage to land mafia involved in constructing illegal structures in the area and moved the court to order the immediate removal of encroachments from Saddar Town.

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At this, the court expressed annoyance over Bhatti failing to appear before the court even after being summoned and issued an arrest warrant for him. Besides, it directed the relevant SHO to remove encroachments from the area.

Contempt of court plea At another hearing, the court issued notices to the East District DIG, Gulzar-e-Hijri DSP, Sachal SHO and other parties in contempt of court plea filed by a construction company against the officials.

The plea states that the SHC had ordered on September 9, 2016, to maintain status quo on a property, stretching over 18.2 acres, located in Gulzar-e-Hijri. It accuses East District DIG, Gulzar-e-Hijri DSP and Sachal SHO of misusing their authority to damage the main entrance of the property, constructed at a cost of approximately Rs30 million, nominating Mirza Asif Baig of perpetrating the offence. According to the plea, the accused violated court orders through their actions and, since then, have restricted the petitioner from entering the property. The plea moves the court to penalise the accused of violating court orders. At this, the court issued notices to those accused, ordering them to submit their replies on February 25.

Missing persons Meanwhile, a two-member bench, comprising Justice KK Agha and Justice Saleem Jesar, hearing a plea seeking the recovery of over 70 missing persons, ordered the police to recover all missing persons and submit a report to the court at the next hearing.

At the hearing, the mother of two missing brothers, Asad and Waqar, informed the court that her sons had been missing for months after leaving home for work one morning. She said that she had filed a complaint at Gulbahar Police Station and had also apprised other law enforcement agencies of her predicament but no action was taken for Asad and Waqar‘s recovery. She moved the court to order the recovery of the missing persons.

At this, the court directed the police to take measures for the immediate recovery of the missing persons and submit a report at the next hearing. It also sought replies from the Rangers director general, Sindh inspector general of police and other relev ant authorities on the matter by March 19.

Missing children At another hearing, the same bench ordered the relevant authorities to recover missing children and submit a progress report to the court at the next hearing.

Expressing annoyance that 15 children had still not been recovered, it directed the authorities to find out whether they were being used for illegal activities. ―Seek reports from the provincial authorities, Edhi, Chhipa and other welfare organisation s for the purpose,‖ the court stated. Besides, it ordered the authorities to have photographs of the children published in electronic and print media outlets.

The police informed the court that they had written letters to the various welfare organisations and provincial authorities f or the children‘s recovery. At this, the court ordered the officials to submit a report on the progress made in the missing children‘s cases on March 18. (By Our Correspondent The Express Tribune, 04, 21/02/2020)

Facing homelessness, residents demand justice outside SC

As the Supreme Court resumed hearings at its Karachi Registry on Friday, protesters affected by the anti-encroachment operations in the city crowded the road in front of the building, demanding justice.

Most of the protesters were residents from Lines Area and Gulshan-e-Maymar, while the throng also included retired employees of the Pakistan Steel Mills who wanted plots that had been promised to them. Awaiting the arrival of the Chief Justice of Pakistan (CJP), they held up placards and banners.

Inside the court, the bench vacated a stay order against the demolition drive that had previously been issued by the Sindh High Court.

Several of the demonstrators, who included women and children, were raising their voices to demand alternative housing before their residences were razed from land allotted for the restoration of the Karachi Circular Railway (KCR), in line with judicial orders.

―Ghar ke badlay ghar [a house for a house],‖ stated one placard, adding that it was their right to be provided alternative housing. Another said, ―Saada haq aithay rakh [give us our rights]‖ while yet another asked how they could be deprived of housing when the Supreme Court had ordered that they be resettled first.

Meanwhile, former Muttahida Qaumi Movement-Pakistan leader Farooq Sattar, Pakistan Tehreek-e-Insaf (PTI) leaders Firdous Shamim Naqvi and Raja Azhar, Sindh Education Minister Saeed Ghani and Pakistan Peoples Party (PPP) politician Najmi Alam expressed solidarity with the protesters.

―No one is willing to take responsibility. No political party is willing to own Karachi,‖ asserted Sattar, pointing out that people were being left homeless with their houses razed. ―The federal government shifts the burden to the Sindh government; the provincial government, on the other hand, says it cannot build it [alternative housing].‖

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He said that he and other politicians could give advice regarding the KCR if the court permitted, adding that they also had suggestions for the project‘s funding. ―Karachi generates Rs3,000 billion – can‘t it get Rs300 billion?‖ he asked.

Naqvi, who had been present in the hearing pertaining to encroachment on railway land, said that they had appeared b efore the court to represent the public in the case, but the court was ‗not very eager‘ to hear the voices of public representatives.

―Those who have ruined Karachi stand before everyone,‖ he stated, referring to the provincial authorities. He went on to say that the Sindh government was misguiding those who were being evicted as well as the Supreme Court judges, adding that not a single affected individual had been provided alternative accommodation.

Ghani stressed that billions of dollars were needed for the KCR project. ―The Sindh chief minister approached the federal government when the Japan International Cooperation Agency separated from the project, and included KCR in the China- Pakistan Economic Corridor,‖ explained the provincial minister, complaining that the Centre was not giving due importance to the project.

Referring to the apex court‘s orders to finish the project within six months, he further said that a lot of work could be don e in this time, but the KCR could not be completed.

Ghani added that the PTI leaders should advocate for the provision of alternative accommodation before the federal government led by their party if they wanted the betterment of their constituents.

―Lines Area is not a katchi abadi,‖ asserted PPP leader Alam. ―Action against those responsible for the encroachments should be taken before the anti-encroachment operations are carried out.‖

Hyatt Regency case Meanwhile, in proceedings inside the court, the Supreme Court issued notices to the railway secretary and other relevant officials in a case pertaining to the construction of the Hyatt Regency Hotel on land owned by the railway department.

A three-member bench, headed by CJP Gulzar Ahmed and comprising Justice Faisal Arab and Justice Sajjad Ali Shah, was hearing the case at the court‘s Karachi Registry.

Justice Ahmed ordered the defence lawyer to show the court evidence of payment as proof that the land had been purchased, adding that it should include details such as the purchase amount and the mode of payment.

―How could land worth billions of rupees be sold for Rs530 million?‖ he questioned, adding that the city was not for sale. ―H ow did the authorities sell the land in the absence of any power to do so? This is public land, how could anyone sell it?‖

The counsel representing the railway department claimed that there had been no construction on the land for 16 years, further saying that no payment of rent had been made since 2014. He informed the court that the land was currently worth three billio n rupees.

The court issued notices to the railway secretary and other officials. (By Nasir Butt The Express Tribune, 04, 22/02/2020)

Encroachments removal aimed at restoring people's rights, says CJP

Chief Justice of Pakistan (CJP) Justice Gulzar Ahmed has said that he wants all citizens to have basic amenities and comfortable living within their respective areas. Encroachments cannot be allowed as the trend causes trouble to people. They should be removed as per the relevant laws in order to restore ownership of properties to their legitimate owners and also restore citizen‘s other rights. Removal of encroachments facilitates the process.

Justice Gulzar was speaking at a ceremony held at the Mirpurkhas district and sessions court on Saturday evening for the oath- taking ceremony of the Mirpurkhas District Bar Association. The ceremony was attended by Justice Maqbool Baqar, Justice Faisal Arab and Justice Sajjad Ali Shah, Sindh High Court Chief Justice Ahmed Ali M. Shaikh and many other judges, besides office- bearers and members of various bar associations.

Welcoming the honourable judges and other guests, newly-elected president of Mirpurkhas DBA Jan Ali Junejo thanked them for sparing time for the ceremony. He highlighted various issues relating to the judicial system in Mirpurkhas and the problems being faced by DBA members.

Advocate Junejo urged the CJP to consider establishment of a circuit bench of Sindh High Court, a banking court, an anti-corruption court and special courts in Mirpurkhas to facilitate litigations in the district. He also called for CJP‘s help in getting a university established in the city.

CJP Justice Gulzar Ahmed stressed on supremacy of law saying that no one could be allowed to violate the Constitution and law and the judiciary was under obligation to keep a strict check on such violations. He said justice was a fundamental right of citizens and it must be dispensed timely.

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He said Mirpurkhas is an old and fourth major city of Sindh which should have educational, health and other facilities essentially required in urban areas. Schools, colleges and universities should be established here according to the requirement of the population of the city and district, he said.

He said government officials should look into the demand for a university in Mirpurkhas.

Regarding establishment of an SHC circuit bench here, he noted that a huge number of cases pertaining to Mirpurkhas, Tharparkar and Umerkot districts were pending adjudication in the high court. He said he would ask the authorities concerned to assess the situation and, if feasible, recommend setting up of a circuit bench at Mirpurkhas. Justice Gulzar said that the banking court functioning in Hyderabad should be shifted to Mirpurkhas as it was needed more here.

Regarding anti-corruption court and special courts, he said he was in touch with the authorities concerned. He said judges would have to be made available for these courts.

SHC Chief Justice Ahmed Ali M. Shaikh and several office-bearers of the DBA also spoke at the ceremony. (By The Newspaper‘s Staff Reporter Dawn, 15, 24/02/2020)

SBCA razes apartments near Aladin Park

Following orders issued by the Supreme Court of Pakistan, Sindh Building Control Authority (SBCA) officials razed a building near Aladin Park in Gulshan-e-Iqbal on Monday night.

They arrived with heavy machinery on Rashid Minhas Road and launched the operation to raze the under construction blocks of Royal Park Apartments. They first weakened the pillars of a ground-plus-one storey structure, and later demolished a six-storey building.

Reportedly, the land on which the apartment complex was being built was government property and had been handed over to a welfare agency. The land was then, allegedly allotted through an illegal process and sold out to someone else.

Following the destruction, a large number of people who had booked apartments in the residential complex gathered in the area and expressed their anger over the demolition. The enraged citizens said that the relevant authorities didn‘t intervene when the project was being launched and demanded to know who had allowed the builder to construct the residential complex. They deemed it unfair of the authorities to declare the construction illegal after several people had invested millions of rupees in its construction.

―I booked the apartment for Rs7 million and have already paid Rs4 million,‖ said a citizen, who asked not to be named, adding that he had found the booking office closed and the agents missing when he arrived there after hearing about demolition.

Meanwhile, another affected citizen claimed that he had made inquiries with all relevant authorities about the legal status of the project before booking the apartment and all of them had responded positively.

Illegal marriage halls were also razed by the demolition squad in . Several structures including partition walls, p recast and reinforced concrete roofs were demolished in areas including , PECHS, Khudadad Colony, Aamil Colony, Fatima Jinnah Colony, Soldier Bazaar, Garden West, , Nazimabad, Gulberg Town and other areas. (By Our Correspondent The Express Tribune, 04, 26/02/2020)

SBCA officials to face FIRs for illegal constructions

Sindh Minister for Information and Local Government Syed Nasir Hussain Shah has said that if illegal construction took place in any area the officer concerned of Sindh Building Control Authority would not only be suspended but an FIR would also be lodged against him.

So far, 28 officers of SBCA had been suspended and FIRs had been filed against the officers who were found repeatedly violating law, said the minister while talking to different delegations at his residence on Monday.

He said that stern action would be taken against all the SBCA officers who were involved in corruption and neglect on the orders of Sindh chief minister because peoples‘ lives were extremely precious to the Sindh government.

He said that so far 900 structures had been demolished in action against illegal construction and vigilance committees and a complaint centre with helpline had been set up in the local government department to stop the practice.

He said that complaints could be registered on the helpline 1093 and the name of the complainant would be kept secret. The collapse of the building in Rizvia Society and loss of precious lives in the tragic incident was extremely painful, he said.

He said that Karachi commissioner had constituted a committee on the directives of chief minister, which would submit its report after carrying out thorough investigation and finding the owner whose negligence could be one of the reasons behind the tragedy, said a press release. (From the Newspaper Dawn, 17, 10/03/2020)

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Action ordered against encroachments, using sewage for cultivation on govt lands

The Sindh High Court on Wednesday directed the deputy commissioners of Malir and Korangi districts to take action against encroachments on government land and cultivation of vegetables using sewage.

A two-judge bench headed by Justice Mohammad Ali Mazhar also directed the lawyer for two private respondents to file comments along with relevant documents after he claimed that some land was allotted by the government on 30-year lease to private persons.

In the last hearing, the bench had summoned both the DCs along with progress reports after it was informed that vegetables and grass were being cultivated on around 290 acres of government land in the Malir River of Deh Sharabi, Taluka Ibrahim Haideri.

At the outset, both the DCs turned up before the bench and submitted their comments.

They stated that some action had already been taken for removal of encroachments from government land on the riverbed and cultivation of vegetable through sewage. However, they sought more time to file further progress reports.

DCs of Malir and Korangi undertake to continue anti-encroachment actions on state land

A lawyer also appeared in court during the proceedings to represent two private respondents and requested time to file comments. The counsel argued that some land was allotted to his clients by the government on a 30-year lease.

However, both the DCs submitted that the land on the riverbed might not be granted to some individuals.

The bench directed the lawyer to file comments along with relevant documents before the next date of hearing with advance copy to DCs so that they would come prepared on the alleged title documents.

The deputy commissioners undertook to continue their action against encroachments on state land as well as cultivation of vegetables through sewerage water.

The bench directed both the DCs to be in attendance on May 19.

The petitioner moved the SHC stating that vegetables were being grown through sewage and industrial waste in Korangi, Malir, , Surjani Town and other areas located on the outskirts of the city and these vegetables were not fit for human consumption.

No restrictions imposed during lockdown: NHA The National Highways Authority (NHA) on Wednesday informed the same bench of the SHC that it had not imposed any restriction during the lookdown period and sought time to file a written statement.

The traffic police, representative of inspector general of police and a focal person of the home department also filed replies on a petition over issues of inter-provincial goods‘ transportation.

NHA director (south zone) Abdul Quddus Shaikh informed the bench that they had not imposed any ban during the ongoing lockdown, but requested for time to file a statement in writing.

Rizwan Ashraf, an officer of the National Highways & Motorway Police also made a similar statement and sought time, adding that some shops were open on highways for which he would submit details in his reply.

At this, the petitioners stated that there was a provision for providing some emergency services on highways, but the Frontier Works Organization (FWO) was not taking any action.

The deputy attorney general submitted that he would call the general manager of NHA on May 13 to answer this query.

The petitioners moved the SHC and submitted that during the lockdown imposed through the order of Sindh government, there was no ban on transportation of essential goods to other provinces. (By Ishaq Tanoli Dawn, 14, 07/05/2020)

Anti-encroachment drive at Empress Market

An anti-encroachment operation, headed by Land and Anti-Encroachment senior director Bashir Siddiqui, was carried out at the Empress Market on Tuesday.

In the operation, conducted with the assistance of police, pushcarts, stalls, and other encroachments were removed from the site.

"We will not allow encroachments on the premise of the Empress Market because it is a historical site that has been restored to its original form," said Siddiqui on the occasion.

He added that the renovation work at the market was under progress while a park was also being built along its periphery.

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Siddiqui said that the operation was conducted on the directives of Karachi mayor, who had instructed to remove encroachments from other areas of Saddar as well.

He said that the anti-encroachment squad had appealed to encroachers to remove stalls and other structures on their own, warning that otherwise they would be responsible for their loss. (By Newspaper‘s Staff Reporter Dawn, 04, 17/06/2020)

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