SHC asks KMC for Gujjar Nullah enhancement plan, schedule of work

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“We have spent our childhood and youth in these houses,” said Abid Asghar, a leader of the Gujjar Nala affectees. — White Star/File
“We have spent our childhood and youth in these houses,” said Abid Asghar, a leader of the Gujjar Nala affectees. — White Star/File

KARACHI: The Sindh High Court on Thursday directed the Karachi Metropolitan Corporation (KMC) to produce the plan and schedule of work for enhancement of Gujjar Nullah.

A two-judge bench headed by Justice Yousuf Ali Sayeed also asked the KMC to continue the ongoing work in accordance with the schedule till next hearing.

Eight persons residing around Gujjar Nullah petitioned the SHC and sought directives for the respondents to produce the original proposal/plan for enhancement of the drain, construction of roads on both banks of the nullah and rehabilitation of the people affected by the construction as had been directed by the apex court.

At the outset of the hearing, a lawyer filed comments/counter affidavit on behalf of the KMC and the counsel for petitioners sought time to go through the same.

The bench in its order said: “Learned counsel for KMC is directed to produce relevant plan/schedule for the work to be undertaken towards implementation of the judgment of the Supreme Court of Pakistan. He undertakes that such schedule would be produced on the next date”.

The bench also asked the counsel that the needful be ensured accordingly after he further undertook that till next hearing, the ongoing work would take place in conformity with the schedule. The bench adjourned the hearing for the first week after summer recess.

The KMC in its comments contended that its council through a resolution passed in 2015 had cancelled all such leases coming in the alignment of the nullah.

It further asserted that as per order of the apex court passed on June 14, 2021, it had considered the leases issued for the pieces of land around nullahs as void and illegal and the compensation being given to the affected people was reasonable and should be accepted by them.

While impleading the secretary of local government department, KMC, deputy commissioner concerned, Frontier Works Organisation and others as respondents, the petitioners contended that as per original plan about enhancement of the nullah, equal land had to be taken from both banks, but the authorities concerned with mala fide and unfounded intentions had constructed a wall in the mid of the nullah taking land from one side of the bank only.

They further alleged that the team of FWO had threatened the petitioners and other people, residing in the area/side which has already faced the demolition operation, with further demolition and razing of their leased homes to the ground.

The petitioners also sought directives for the respondents to immediately arrange compensation and rehabilitation of the displaced persons as well as the implementation of the apex court orders and the commitments made before the Supreme Court about resettlement of affected people.

Published in Dawn, June 23rd, 2023

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