HYDERABAD: A division bench of Sindh High Court’s Hyderabad circuit on Tuesday rejected the statement on progress of an anti-encroachment operation jointly submitted by Qasimabad Municipal Commissioner Fakhir Shakir and the director of the anti-encroachment cell as vague and not satisfactory.

The bench comprising Justice Nadeem Akhtar and Justice Adnan ul Karim Memon directed the local government secretary and municipal commissioner to personally appear in the court on Thursday (Nov 18).

It also directed the Hyderabad DIG and SSP to provide adequate police assistance to officials and staff of the Hyderabad Municipal Corporation (HMC) at the time of removal of encroachments.

Deputy Commissioner Fuad Ghaffar Soomro submitted compliance report in the court. The progress report dated Nov 16 submitted by the anti-encroachment force of the Hyderabad police station was taken on record.

LG secretary, municipal commissioner asked to personally appear before bench on Thursday

HMC municipal commissioner conceded in court that removal of encroachments and debris from public places/properties was part of functions of HMC, which alone was responsible for the function and it was its statutory duty to ensure that encroachers were prosecuted.

However, he was not able to explain as to why debris accumulated on roads, sidewalks, footpaths and other public places after anti-encroachment drive was carried out in pursuance of the court’s relevant orders. He was also not able to give details of any FIR registered against encroachers.

He undertook to get the debris removed within the next three weeks and soft encroachments, like shops’ paraphernalia, generators, signboards, furniture and vehicles of car dealers and mechanics, within the next seven days.

He assured the bench that FIRs would be registered against encroachers and the related record would be submitted in court on the next date of hearing.

The bench was seized with a petition filed by Rabiur Rehman, Irtafaur Rehman and Shanur Rehman, residents of Qasimabad, through Advocate Arshad S. Pathan.

The petitioners said they owned a plot in Latifabad Unit-3. They claimed that certain private respondents had encroached upon a road and street near the plot.

The cited SHC’s order making recommendations of the DC as ‘rule of court’ on March 2, 2021 and ordering removal of encroachments. They submitted that the official respondents were removing encroachment in a pick-and-chose manner and not taking action against the respondents.

In his report, DC Soomro also urged the court to assign a magistrate or judge of the special anti-encroachment tribunal to check progress of compliance with the relevant court orders. He said the progress report should mention issuance of challans, imposition of fines, confiscation of property etc by the municipal authorities on a fortnight basis.

He said that assistant commissioners or mukhtiarkars should assist the magistrate in the operation for removal of soft encroachments and roadside cabins, vending stalls etc.

The DC informed court that the Cantonment Board Hyderabad (CBH) had failed to remove and relocate generators from footpaths and walkways. The Sindh Building Control Authority (SBCA) also failed to curb illegal commercialisation of residential areas and initiate any punitive action against violators of its rules.

He urged the bench to direct the SBCA to get illegal structures demolished and lodge FIRs against encroachers.

Published in Dawn, November 17th, 2021