HYDERABAD: The Hyderabad circuit bench of the Sindh High Court has ordered municipal commissioner of Hyderabad Municipal Corporation (HMC) and administrator of Qasimabad Municipal Committee to remove all encroachments from public places, roads, streets and footpaths within 30 days.

A division bench comprising Justices Nadeem Akhtar and Arshad Hussain Khan issued the order the other day on a petition filed by Agha Nazimuddin and 11 others over eight years back on Sept 15, 2012.

The petitioners, residents of a private housing scheme in Qasimabad, complained to the court that encroachers had occupied a 60-foot wide road from Sheedi Goth to Anwar Villas.

Hyderabad Deputy Commissioner Fuad Soomro, who was asked by the court to file his statement on the petition, submitted an undertaking to the court informing it that several anti-encroachment operations were launched in the district over the past one year.

In accordance with court’s directives the district administration would seek reports after every 15 days from departments concerned on encroachments and the administration would provide them necessary help for their removal within 48 hours, he said.

The petitioners said that several meetings were held with respondents over encroachments but no action had been taken so far.

HMC’s municipal commissioner and administrator of Qasimabad stated that licenses had been issued to individuals to conduct business on footpaths, roads and designated points in public places.

The court said that “all such purported licenses are void and as such the licensees do not have any right, title and/or interest in respect of portions of footpaths, roads and public places purportedly granted to them”.

Therefore, the court ordered the municipal commissioner and administrator of Qasimabad to ensure that all areas were cleared of encroachments before next hearing.

The DC, municipal commissioner and administrator undertook that all encroachments would be removed within 30 days. The court adjourned hearing to March 2 and asked DC, SSP, municipal commissioner and administrator of Qasimabad to ensure their presence in court.

Notices issued to CBH head, builders

The division bench of Justices Nadeem Akhtar and Arshad Hussain Khan on Thursday issued notices to Cantonment Executive Officer (CEO) of Cantonment Board Hyderabad (CBH) and three builders on a constitutional petition, challenging construction of a high-rise building.

They also put on notice additional advocate general and said the court would take up the matter after four weeks. The petition was filed by Dr Khalid Murtaza through Salma Fateh advocate, stating that CEO had granted permission to respondent builders to erect a high-rise on a plot in violation of rules and regulations.

The petitioner, who cited builders Inayat Sonara, Arif and Iqbal Shaikh as respondents, said that a big commercial project of seven stories, Apple Tower, was being built on a residential plot (No 478) in the area by respondent Iqbal Shaikh without having “land use change” done for the said plot.

He said the respondent had violated layout plan of CBH and also encroached upon a nearby street. The high-rise was creating problems for people of locality and the petitioner, blocking ventilation, light and violating easement rights as well as the petitioner’s privacy, he said.

He said the respondent CEO was not following building bye-laws and asked the court to stop illegal construction of Apple Tower and restrain respondents from using the street as parking area.

Published in Dawn, January 29th, 2021