KARACHI: Town control over Bachat Bazaars challenged
By Our Reporter
KARACHI, April 9: The Sindh High Court has put the advocate-general Sindh on notice for April 23, in a petition in which it has been contended that according to the Sindh Local Government Ordinance, 2001, holding of Bachat Bazaars is the function of the city government, but it is being exercised by five Town Nazims, in violation of the provisions of the SLGO.
A division bench, comprising the Chief Justice of the Sindh High Court, Justice Saiyed Saeed Ashhad, and Justice Ghulam Rabbani, found the contentions of counsel Abdul Mujeeb Pirzada, who was assisted by Khalid Shah, advocate, worth consideration. They represented the Welfare Association of the Filed Organizers of Weekly Bazaars, Karachi, & others.
Counsel for the petitioners had also placed before the court draft of the policy regarding organization of weekly Bachat Bazaars at Karachi, according to which the authority to organize such bazaars had been vested in the Karachi City District Government.
The petitioners were aggrieved by the actions of the Nazims of the Town Municipal Administrations of Gulshan-i-Iqbal Town, North Nazimabad Town, New Karachi Town, Shah Faisal Town and Jamshed Town, who were obstructing and prohibiting them from organizing Bachat Bazaars in accordance with the policy of the government and arbitrarily auctioning the bazaars to contractors of their choice, without serving any notice on the existing Field Organizers.
The petitioners contended that the organization of Bachat Bazaars was neither included in the functions to be performed by Town Municipal Administration nor were they owners of the plots by virtue of transfer or property of the KMC to the city government under section 180 of the Sindh Local Government Ordinance, 2001.
These bazaars were being organized on plots on non-commercial basis, which was in public interest of the residents living within the limits of Karachi City District and, therefore, it was a public welfare policy of the government, the petitioners’ counsel contended.
They contended that the impugned action of the respondent Nos 6 to 10 was violative of the principles of natural justice, because the Town administrations were prohibiting and disturbing the organization of the Bachat Bazaars without serving any notice on the petitioners in compliance with the provisions of section 142 of the SLGO, 2001.
Awarding of contract of organization of bazaars to moneyed contractors was bound to create monopoly in this otherwise non-commercial business, and hundreds of present organizers would be deprived of their livelihood, and consumers would face hardship, they contended.
They prayed that the Town administrations be prohibited from interfering, disturbing or creating any obstacles to the organization of Bachat Bazaars by the petitioners, and the respondents be directed to continue to organize the weekly bazaars on non-commercial basis under the system, which had been prevailing in the city since 1980.
The respondent Town Nazims be restrained permanently from auctioning the organization of Weekly/Bachat/Juma Bazaars to contractors of their choice.
