SHC moved against demolition of leased properties along Gujjar, Orangi nullahs

KARACHI: The Sindh High Court (SHC) on Friday directed authorities concerned to stop any demolition of leased properties built along the Gujjar and Orangi stormwater drains from being carried out until the issue was heard in the Supreme Court.

The SHC instructed the Sindh govt to seek clarification from the Supreme Court on its order regarding encroachments and the parties in the petition to place their relevant documents before the court.

During a hearing today the petitioners’ lawyer said that the SC had ordered the removal of encroachments however, there was nothing in the SC order about the removal of occupants from properties that had been given the lease of 99 years by the former City District Government, Karachi under the Sindh Katchi Abadis Act 1987.

The petitioners’ counsel, Faisal Siddiqui argued that besides the demolition of homes, the Sindh government, the National Disaster Management Authority, and Karachi Metropolitan Corporation wanted to construct a 30-foot-wide road on both sides of the two nullahs’ banks.

Faisal Siddiqui further argued that this plan had not been brought to the knowledge of the SC and that no consent had been approved for the construction of the roads. “Yet the respondents have begun marking the properties for demolition,” the petitioner’s counsel added.

The counsels from both sides confirmed that a petition on the issue to obtain explanation with regard to obtaining orders for the demolition of the properties of the people of both the stormwater drains who have been issued registered leases for 99 years” had been fixed for hearing in the SC for May 17.

“As the issue is already sub-juiced before the honourable Court, we have no authority to pass any order for interpreting orders of the honourable Supreme Court,” the SHC ruled.

According to the court order, “Till the adjudication of the subject issue on the next date of hearing no demolition work should be done by the respondents to the properties in the area of which registered lease deeds for 99 years have been issued by the former City District Government, Karachi.

The SC order had instructed the provincial government to ensure rehabilitation of the affected residents the petitioners’ counsel also said, adding the provision of all necessary facilities to them.

On this occasion, Additional Commissioner Karachi responded that the provincial government has evolved a policy for the affected people and will give Rs15,000 per month as rent for 24 months for the affected persons.

Earlier, people living on the banks of the stormwater drains had filed the petition, stating that the civic authorities are going to demolish their houses despite the fact that were constructed houses on leased land.