HYDERABAD: Sindh High Court’s Hyderabad circuit bench comprising Justice Nadeem Akhtar and Arshad Hussain Khan has directed the provincial government to provide Rs157m to the Hyderabad Electric Supply Company (Hesco) “on most urgent/priority basis” for shifting of electric poles.

The order finalised on Friday said the provincial government could recover/adjust the amount from the betterment charges charged by the Sindh Building Control Authority (SBCA), Hyderabad Municipal Corporation (HMC), Water and Sanitation Agency (Wasa), and all municipal administrations in proportion to the amounts received/collected by them under this head. Or, it added, the amount could be included in the PC-I (of Rs1.75bn) to be prepared on a priority basis for betterment and widening of roads in Hyderabad in terms of the bench’s order dated March 11.

The bench was seized with a petition filed by Agha Nazimuddin and 11 other residents of Qasimabad.

The bench also directed Hesco to ensure that poles and other installations were put up in future only on sides of roads and streets, and not thereon or in the middle thereof. Hesco was restrained from carrying out remaining installation work in the middle of roads in Cattle Colony and Latifabad, as shown in the photographs submitted by Deputy Commissioner Fuad Ghaffar Soomro along with his report, or in any other area. The DC and Hesco chief were asked to ensure compliance of the order.

HMC’s anti-encroachment drive

The court expressed its dissatisfaction over progress made so far by the HMC in pursuance of the March 11 order regarding retrieval of its properties from encroachers, particularly graveyards, public parks, dispensaries, musafir khanas, public washrooms, playgrounds, amenity plots, hospitals, laboratories and a school for differently-abled persons.

Hesco will relocate all poles, installations put up in middle of roads and streets

It ordered the DC to ensure retrieval of these properties from encroachers/illegal occupants by the next date of hearing [April 8]. The SSP concerned was asked to provide additional assistance while the order would be implemented and the DC and SSP were directed to submit compliance reports on next date of hearing.

The bench directed the Hyderabad municipal commissioner to provide record of relevant documents in respect of properties owned by the HMC, including properties mentioned in paragraph C of the order, within seven days to the DC for implementing the order.

The court directed that the National Accountability Bureau’s investigation against present and former HMC and SBCA officials, in pursuance of the March 11 order, should include receipt of heavy amounts on account of betterment charges and utilisation/appropriation thereof.

It said that the DC should immediate report to the court if any department/official/person failed to implement the order, or any of the orders passed by the court earlier, or did not cooperate with DC in any manner.

DC should keep submitting his report regularly in the first week of every month regarding implementation of court orders including removal of encroachments and thereafter ensuring prevention in future.

The court said that DC, DIG and SSP as well as heads of departments and all their successors would be equally responsible and liable to implement and comply with court orders.

The bench clarified that the orders would be applicable to the entire Hyderabad division.

The court issued notices to the Sindh NAB director general and prosecutor, chief secretary, local government secretary and Hyderabad DIG for compliance.

The counsel for the petitioners and interveners had submitted in court that millions of rupees were being collected by the SBCA, HMC, Wasa and TMAs on account of betterment charges and that the amounts should be utilised for betterment of Hyderabad.

The court noted that despite giving undertaking, the municipal commissioner was not able to show the progress made by him on retrieval of properties owned by the HMC. The Hyderabad SSP submitted his March 17 report stating that he had at his disposal the sub-divisional police officers (SDPOs), station house officers (SHOs) and district intelligence branch (DIB) to provide assistance to departments and teams for removal of encroachments and to ensure that encroachments did not recur in future.

Published in Dawn, March 20th, 2021