KARACHI: The Sindh High Court was informed on Monday that all sorts of encroachments would be removed from the lands and properties of the irrigation department across the province within a period of six months.

The undertaking was given by Advocate General (AG) Salman Talibuddin before a three-judge bench headed by Justice Mohammad Iqbal Kalhoro, during the hearing of a petition seeking removal of encroachments from the department’s properties.

Initially, the petition was filed in SHC’s Sukkur circuit bench but on an application moved by the AG, the chief justice through an administrative order, passed on Dec 8, transferred it to the court’s principal seat at Karachi. A larger bench was constituted to hear it.

On Monday, the AG along with officials of the relevant departments appeared before the bench and submitted that an operation had already been launched to remove encroachments from such lands and would be continued in phases. He added that in the second phase, the commercial lands would be retrieved and in the third phase encroachments from residential properties would be removed.

Larger bench formed to hear the petition transferred to Karachi from Sukkur

Answering a query of court, the AG stated that the anti-encroachment operation was being supervised by the provincial cabinet. He submitted that a progress report would be filed within 15 days.

The bench asked why judicial officers were not being taken along during the operation. The AG replied they could be taken along if the court passed such an order.

The bench asked the AG to ensure that the compliance report was supported by pictures and videos.

Advocate Farooq H. Naek, who represented the petitioner, proposed that the Sindh government should constitute a committee to address grievances of the [affected] people but the AG opposed the idea arguing that this would hamper the ongoing operation.

The AG also mentioned that Advocate Naek’s client had set up a petrol pump on the piece of land that belonged to the irrigation department.

The bench said it would examine other identical petitions and pass an order in this regard.

Earlier, SHC’s Sukkur bench had issued several directives to deputy commissioners and other officials concerned to remove and demolish all illegal and unauthorised structures, including multistorey buildings, plazas and commercial shops, raised over the irrigation department’s lands in Barrage Township/Colony Sukkur, Larkana and other areas.

On Nov 19, the AG had sought one month’s time and requested that the operation be halted to the extent of residential quarters/bungalows only in the Barrage Township, Sukkur, and Irrigation Barrage Colony, Larkana, so that the matter could be taken up in a cabinet meeting. The bench warned that if the issue was not resolved through cabinet meeting, the drive against encroachments would be resumed.

On Oct 27, the bench had also directed the chief secretary to constitute a team to ascertain the damage caused to authorised structures in Matli, Badin and Hyderabad. If it was found that officials of the irrigation department illegally and unlawfully demolished/caused damage to the houses of inhabitants, then strict action would be taken against the delinquent officials in accordance with law, the bench had warned.

It had also asked the deputy commissioners of the province, apart from Karachi, to identify the irrigation department’s lands, public parks and playgrounds that were encroached upon by private persons and submit detailed reports in court.

In a previous hearing, the bench had directed all DCs concerned to launch an anti-encroachment operation to retrieve the irrigation department’s lands, canals and water channels within their respective jurisdiction. It had sought a compliance report within two weeks.

The bench had also asked the chief secretary as well as the secretaries and officials concerned to ensure compliance of its orders.

Published in Dawn, January 19th, 2021