KARACHI: The Sindh High Court has directed the authorities concerned to remove illegal parking of commercial vehicles, booking offices and other encroachments from service roads, greenbelts and footpaths at Sohrab Goth within 30 days.
A two-judge bench headed by Justice Nadeem Akhtar asked the inspector general of police and director general of Rangers to provide adequate force and support to deputy commissioner-East and other officials concerned for removal of such encroachments.
It further ordered the IGP to ensure proper deployment of traffic police to prevent unauthorised and illegal parking of commercial vehicles on any part of such public spaces.
The bench also asked the anti-encroachment force to exercise its powers and lodge FIRs against the encroachers since encroachments on public property is a crime under the Sindh Public Property (Removal of Encroachment) Act 2010.
The court issued such directives on a petition filed by a traders’ association and some others against illegal bus stands, unauthorised parking and other encroachments near Al-Asif Square at Sohrab Goth.
At the outset of the hearing, DC-East Raja Tariq Hussain filed a report in compliance with earlier court orders to remove illegal encroachments and constructions from the area in question.
The DC in his report claimed that anti-encroachment operation was conducted on Dec 17 and 18, but no illegal construction/hard encroachment was found and soft encroachments in the shape of cabins of transporters etc. were removed.
The report further maintained that the encroachments in the subject area were of temporary nature made on a daily basis and suggested that DIG-traffic should be directed to ensure that commercial vehicles would not be parked on such public spaces while Karachi Metropolitan Corporation (KMC) and district municipal corporation (DMC) may also be asked for plantation on greenbelts to prevent encroachments.
The DC in his report further submitted that cabins and temporary offices constructed on public spaces were being used for booking and ticketing offices for commercial vehicles and parking of such vehicles were the main cause of encroachments. The lawyer for petitioners in a statement also submitted that the encroachment has re-emerged on the subject property.
The bench observed that obviously, the subject public spaces were under encroachments and the same were always reappeared whenever such encroachments were removed.
It further noted that the public property meant for use, enjoyment and benefit of public and cannot be used or occupied by any person or authority while government, municipal authorities and their functionaries were duty-bound to keep such spaces free from all types of encroachments and claims.
The bench further said that encroaching up public property was a crime against public and keeping in view several judgements of the Supreme Court about protection of public properties from misuse and encroachment, all officials, respondents, executives and judicial authorities including the SHC were bound under Article 190 to act in aid of the orders of the apex courts.
“Accordingly, all the respondents are jointly and severally directed to restore the entire subject public property viz. service roads, greenbelts and footpaths to their original and actual position as per the master plan, by ensuring that all types of encroachments are removed therefrom without fail within thirty (30) days, and by further ensuring that that the entire said public property remains free from all types of encroachments in future”, it added.
While adjourning the hearing till Jan 31, the bench directed the DC to be in attendance at next hearing with compliance report and also asked the lawyer for petitioners to implead KMC and DMC among the respondents and file the amended title of petition within seven days and then court’s office will issue notices to the newly-added respondents to file comment before next hearing.
Published in Dawn, December 27th, 2022
