KARACHI: While dismissing a petition, the Sindh High Court has observed that making a separate master plan and allocation of special funds for reconstruction of rain-hit road infrastructure in the metropolis fell within the exclusive domain of the provincial government.

The SHC noted that it was the provincial assembly which had to make meaningful legislation for betterment and uplift of the provincial metropolis.

A two-judge bench headed by Chief Justice Ahmed Ali M. Shaikh and comprising Justice Yousuf Ali Sayeed made these observations while dismissing a petition seeking directives for the Sindh government to rebuild roads, sewerage lines and other infrastructure damaged during heavy rains and to release special funds for the uplift of Karachi.

A regular litigant petitioned the SHC stating that cosmetic and so-called development schemes and tenders would be floated on the pretext of rehabilitation of the city to usurp the funds likely to be allocated.

The petitioner submitted that a separate master plan for the city be prepared and carried out through the master plan department of the Karachi Development Authority (KDA).

He said the Sindh Building Control Authority had been receiving a fee for approval of building plans and it should give the fee to the KDA.

He also pleaded that a committee of retired judges of the SHC be formed to ensure fulfilment of the fundamental rights and precise disbursement of funds so allocated by the government to official respondents.

The bench in its order said, “So far as the submission of the petitioner directing the respondent to prepare a separate master plan for the city, allocate special funds for reconstruction of the roads, sewerage lines, etc. it is the exclusive domain of the Provincial Government whereas it is for the Assembly to make meaningful legislation for betterment and uplift of the City.”

It further noted that the Constitution envisaged the trichotomy of powers amongst three organs of the state — legislature, executive and judiciary — and none of such organs can encroach upon the field of others.

About formation of a committee of retired judges, the bench stated that the same did not appeal to reason as the petitioner or voters of the respective areas may raise their voice and get the issues resolved through their elected representatives.

“For the foregoing reasons we do not find any force in the petition, which is accordingly dismissed,” it concluded.

Published in Dawn, August 27th, 2022