KARACHI: An anti-encroachment tribunal on Wednesday directed the provincial and local authorities to maintain status quo in respect of residential constructions built over leased land likely to be demolished during the ongoing operation to clear encroachments along Gujjar Nullah.

The presiding officer of the tribunal, Shakil Ahmed Abbasi, also directed the local government secretary, Karachi administrator and commissioner, heads of the katchi abadis and anti-encroachment departments of the Karachi Metropolitan Corporation to file their respective reports in respect of the subject properties till April 15.

The tribunal was hearing two separate suits filed by some residents of Federal B. Area, Tayyababad, Rehmanabad, Wahid Colony, Kausar Niazi Colony, Peoples Colony, Arafat Town, Qabail Colony, Choona Depot and Liaquatabad.

Plaintiffs file a suit against city authorities against possible demolition of their houses along Gujjar Nullah

The plaintiffs submitted through their counsel Khawaja Altaf that they were granted 99-year lease in respect of their plots by relevant departments of the KMC and the Sindh katchi abadis department between 1994 and 2004 upon fulfilment of all legal formalities and payment of dues.

The counsel submitted that subsequently the plaintiffs constructed their houses in a legal manner, but recently KMC officials had marked their houses without issuing any prior notices to them and it was likely that the same would be demolished during the ongoing operation against illegal encroachments along the Gujjar Nullah.

During Wednesday’s hearing, the court’s bailiff filed a report showing that notices issued on the last date had been duly served upon the defendants.

Advocate Rashid Khan appeared on behalf of the KMC administrator, director of KMC’s katchi abadis and anti-encroachment departments. But, he did not file any counter-affidavit/objection to the application filed by the plaintiffs under Rules 39 and 2 of the Civil Procedure Code seeking an interim stay order against likely demolition of their houses built over leased properties.

Naseem Ahmed, the mukhtiarkar of the District Municipal Corporation Central, appeared on behalf of the deputy commissioner Central and requested for time to file a written statement and counter-affidavit.

The provincial LG secretary and Karachi commissioner were called absent.

The tribunal’s head observed that in view of the apprehension of the demolition and anxiety of the plaintiffs that the defendants had marked their leased properties, which are allegedly not “encroachment” under the law, and that they filed a suit under Sections 13 and 14 of the Sindh Public Property (Removal of Encroachment) Act, 2010 for determination whether the subject property is a “public property” or “encroached”, an interim stay order is granted till the next date.

Accordingly, the tribunal directed the defendants to maintain status quo and not threaten and take any coercive action against the plaintiffs till the next date.

The presiding officer made it clear that the tribunal was fortified to give such a direction/grant interim stay as in similar matters and on similar facts the Sindh High Court had also granted interim stay orders vide Feb 11, Feb 26 and March 18 in the suit.

The cases were fixed on April 15 for filing of replies on behalf of the defendants.

Published in Dawn, April 1st, 2021