SC issues notices to 2 hospitals for operating on amenity plots
The Supreme Court issued show-cause notices to two leading private hospitals of the city located in Clifton for running their health facilities on land meant for amenity purposes.
A three-judge SC bench headed by Chief Justice of Pakistan Gulzar Ahmed also directed the director general of the Karachi Development Authority (KDA) to come up with a comprehensive report on the next hearing regarding all the ST plots (amenity plots) located in Clifton and Kehkashan schemes as well as the rest of the city in the light of the master plan.
The bench also comprising Justice Ijaz-ul-Ahsan and Justice Qazi Muhammad Amin Ahmed also ordered the KDA chief to identify those who had encroached upon such plots and when, how and who had allowed such allotments as well as the current status of these plots and produce the same before it.
When KDA chief Nasir Abbas Soomro filed a report and plan of Clifton and Kehkashan schemes and a map produced by NGO Shehri about malls (Com 1, Com 3, Com 4, Com 5) adjacent to the Shaheed Benazir Bhutto Park in Clifton, the bench noted that many other ST plots in the area had also been encroached upon.
The bench issued show-cause notices to the South City Hospital and Ziauddin Hospital and asked them why the hospitals may not be removed from such plots since they were operating on land meant for amenity use.
The CJP came down hard on the KDA DG for allowing encroachments on ST plots instead of clearing them and also reminded him that the apex court had passed many orders to remove encroachments from 36,000 such plots across the city.
He remarked that shopping malls and restaurants were also built on amenity plots and asked who was altering the master plan of the city. The DG claimed that the land of Com 3 Mall was allotted by the then chief minister in 1977. Justice Ahsan said that how a chief minster could allot the land reserved for amenity purposes.
The bench also asked him to come up with the complete record regarding the land of Com 3 on the next hearing. The bench directed the Karachi commissioner to demolish a 15-storey building, known as Nasla Tower, and file a compliance report.
Appearing on behalf of the building owner, Barrister Salahuddin Ahmed argued that 780sq-yds land in question was leased out in 1956 and for the remaining portion the Sindhi Muslim Cooperative Housing Society had issued a letter in their favour. However, Justice Ahsan said that around 400-sq-yds land meant for the service road was also used for constructing the high-rise and there was no additional lease and it could not be legalised on the basis of a letter issued by the society.
He further said that the report of the commissioner also highlighted irregularities in the allotment of the land in question and said that there was a 280-footwide service road.
The lawyer said that the entire tower might not be demolished since a major portion of the plot was leased. However, the CJP said that the building could not be sustained after partial demolition.
The bench also turned down a request of Attorney General Khalid Jawed Khan for a temporary stay against the ongoing anti-encroachment operation around the Gujjar and Orangi Town nullahs.
He submitted that it was a human disaster as around 40,000 people had been displaced overnight and requested the apex court to stay the drive for a week since the federal government was willing to discuss the issue with the chief minister and other provincial authorities for rehabilitation of the affected people.
The CJP asked him that they could sit with provincial authorities to chalk out a plan within a week, but the demolition drive could not be stayed. Retired Lt Gen Muzammil Hussain, the chairman of the WAPDA, informed the bench that the Greater Karachi Water Supply Scheme, commonly known KIV, will be completed by October 2023.
However, he requested the bench to issue directives to the Sindh government to facilitate Wapda on the issue of the right of way (ROW) and to ensure timely provision of funds.
He said that the project was being jointly funded by the federal and Sindh governments and it would provide additional supply of 650mgd to the provincial metropolis.