KARACHI: The Sindh High Court has directed the Karachi mayor to file a report about plantation carried out over the past five years in the provincial metropolis.

The SHC also directed the secretary forest department to assist it regarding who is responsible for protection of trees in Karachi as well as file report in respect of applicability of existing forest law in the cities.

The two-judge bench comprising Justice Salahuddin Panhwar and Justice Amjad Ali Sahito further asked the mayor to submit specific policy about tree-cutting for Red Line Bus Rapid Transit (BRT) project and warned to summon him in case of non-compliance.

It was hearing a petition filed in 2022 by two lawyers and they had submitted that around 26km long Red Line BRT project from Model Colony to Merewether Tower would be completed in two years and the track would be laid down at the cost of cutting down 50 thousand trees.

Directs forest dept secretary to inform court who is responsible for protection of trees in Karachi

At the outset of hearing, the bench said that it was a matter of record that hundreds of trees including old ones have been removed from the track of Red Line BRT project.

A provincial law officer submitted that the forest department has no concern within the territorial jurisdiction of the cities.

“Since cities are being expanded and limits are being increased on yearly basis, hence forest department shall submit a report with regard to applicability of existing law”, the bench in its order said.

It also stated that the secretary forest must also assist the court about the ownership of trees within the city.

“Besides, Mayor Karachi shall submit policy of plantation; particularly carried out in last five years and specific policy with regard to the subject matter and in case of failure, he shall be in attended on the next date”, it added.

The bench also asked the petitioners to implead the contractor of Red Line BRT project as respondent in the petition after they argued that the contractor was bound to relocate or re-plant the trees in terms of contract.

While adjourning the hearing till Sept 30, the court asked it office to issue notice to the contractor after petitioners cited the same as respondent.

Earlier, impleading chief secretary Sindh, secretary forest & wildlife department and others as respondents, the petitioners had contended that climate change was affecting the whole world and Pakistan was also among one of the major affectees, but the respondents have failed to implement the national environmental policy 2005, national forest policy 2015, national climate change policy 2012 and other laws about environment and forest.

Directive issued to education authorities

The same bench has directed the provincial education authorities to inspect various private schools to ensure that at least 10 per cent disadvantaged children/students get free education as required under the law. It noted that a provision in the Sindh Right of Children to Free and Compulsory Education Act, 2013, was crucial in establishing a framework that promoted the rights of disadvantaged/underprivileged children and ensured their access to quality education.

The bench was hearing some petitions filed by the TYMS Education Private Limited and various private schools in 2020 and challenged the amendments made to the Sindh Private Educational Institutions (Regulations and Control) Rules 2005 during the Covid-19 pandemic about closure of schools, enhancement or reduction in fees and other concessions.

It said that in order to examine the functions of the petitioners’ schools and determine their compliance with relevant law, it was essential to evaluate whether they were adhering to a provision to provide free education to at least 10 per cent underprivileged children from their total admissions across all current batches.

A comprehensive breakdown and detailed account, duly signed by the respective principals of the schools, must be submitted including name, parentage and criterion of selection, it concluded.

Interim report filed in plea against land allotment

A court official in its interim report said that around 40 to 45 villages were located within the site comprising hundreds of acres which was said to be allotted to the Defence Housing Authority in Hawkesbay.

The bench took the interim report on record and directed the nazir to file complete breakup of the villages and houses in final report after getting help of Google Maps and other apps as well as with the assistance of revenue authorities and the petitioners.

A provincial law officer sought more time to file report on the behalf of chief secretary Sindh about any proposal of land to be allocated to the DHA.

A petition was filed in June and the petitioners had submitted that the Sindh government was planning to allot 5,000 and 6,000 acres of land for the extension of DHA which will result in ejection and demolition of the villages in three Dehs, including Chitara, Allah Bakhsh and Mundhyari.

Published in Dawn, September 13th, 2024