HYDERABAD: A division bench of the Sindh High Court, Hyderabad circuit, has ordered the Sindh cultural heritage advisory committee to explain why the six properties not included in the list of heritage sites lost their originality.

The bench comprising Justice Salahuddin Panh­war and Justice Adnan Iqbal Chaudhry, ordered all departments owning and/or having possession of heritage properties, should ens­ure their preservation. “No change shall be made and in case any portion of any building is commercialised, the same shall be restored to its original position by following law and procedure,” the order said.

The bench accepted a report submitted by Hyder­abad Commi­ss­ioner Moha­m­mad Abbas Baloch and ordered the culture department to follow it.

The court had taken the report on record on July 23 and reserved the order, which was pronounced on Friday (today).

According to the report, six properties/buildings have not been included in the list of heritage sites because they have lost their originality. In this regard he cited Sindh Building Cont­rol Authority (SBCA) regio­nal director’s letter dated July 20, 2019.

These sites in question are Raufi Manzil, Rehmani Mosque, Mai Sher Bano Mosque, Nau gaz qabr (nine-yards grave), Daswani Dulma Lodge and Hyder Man­zil (Comrade Hyder Bux Jatoi building).

Besides, the bench said, the commissioner should maintain record of all buildings of heritage by keeping photographs and video clips which would show time and date of capturing and recording.

The commissioner’s report stated that the culture department had declared 117 buildings in Hyderabad heritage sites and did not include 15 other sites maintaining that the relevant survey was under way.

“Thus head of the team/regional director of the SBCA shall submit detailed reasons with regard to these properties with photographs. Accordingly, recommendations of the commissioner, as highlighted above, shall be followed by the culture and tourism department,” read the order.

The judges observed that the existence of law(s) of the department itself spoke about the objectives of preservation of heritage so the quarter concerned was required to have taken lawful initiatives to ensure heritage and originality thereof, but the position appeared to be otherwise.

It said that things appeared to be on paper alone, which resulted in destruction of remarkable heritage sites that preserve our culture.

The order referred to a judgement passed at the principal seat of the Sindh High Court, which had discussed the Antiquity and Heritage Act.

The order said that the properties falling within the Ancient Monument Preservation Act, 1904 were still intact, therefore, the culture department’s committee should be careful while re-examining properties falling in the ambit of the 1904 act.

It asked the culture department secretary and regional director to personally attend the case proceedings on Sept 5 to ensure compliance of the directives in letter and spirit.

The court also directed the Hyderabad deputy commissioner to ensure that the Dialdas Club auditorium was restored to its original position.

Published in Dawn, July 27th, 2019