SC orders authorities to raze unlawful constructions across Karachi
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The Supreme Court on Tuesday directed city authorities to demolish unlawful constructions across Karachi.
While hearing a case pertaining to illegal constructions in the megalopolis at the apex court's Karachi registry, the bench also barred the Sindh Building Control Authority (SBCA) from issuing no-objection certificates (NoCs) for the construction of commercial buildings unless the projects are approved by the Environmental Protection Agency as well.
The two-member bench hearing the case, comprising Justice Gulzar Ahmed and Justice Sajjad Ali Shah, issued the orders.
The bench directed the authorities to demolish illegal constructions from Jam Sadiq Ali Park, Abdullah Gymkhana and other areas. The judges further directed relevant authorities to submit details of how they plan to raze unlawful constructions.
"Go and demolish every structure that is in violation of the city's original master plan and restore [Karachi] to its 40-year-old state," Justice Gulzar said during the hearing, adding that if the local government "was incapable of running the city, it should let the Sindh government to take over".
The bench told the provincial government to share its recommendations for restoration of Karachi to its 40-year-old state.
The bench further said ordered residential plots should not be used for commercial purposes and told authorities to submit details of shopping centres, wedding halls and plazas built on residential plots over the last 30 to 40 years.
"Eight-storey buildings are being constructed on government plots," Justice Gulzar lamented.
Justice Gulzar also lashed out at SBCA Director General Iftikhar Qaimkhani, who had appeared before the court today, saying that the body had "abandoned Karachi".
"SBCA only cares about minting billions of rupees," Justice Gulzar complained. He berated Qaimkhani for "increasing his bank balance and shutting his eyes" to illegal constructions all over the city.
"You must be accumulating wealth in Dubai or the United States," he said. Qaimkhani tried to assure the court that SBCA was working to fulfil court orders but Justice Gulzar told him to "speak less". The top court's judge said that government departments had "joined together to make money and ruined Karachi".
"Your clerk must be a millionaire if not a billionaire," Justice Gulzar said to SBCA's director general.
"Who is allowing the construction of wedding halls, shopping centres and plazas in every other street?" the judge asked. "Should we hand the city's control over to the federal government?"
Qaimkhani offered a meek apology and assured the bench that the SBCA will obey the court's orders. Justice Gulzar, however, was not satisfied and said that by allowing the construction of wedding halls in the city, SBCA had "created a new culture" of holding functions in expensive halls.
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Comments (75) Closed
Jan 22, 2019 02:02pm
Very good effort. Credit can be given to any one . No problem. Do the needful without targeting any particular person.
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Jan 22, 2019 02:09pm
residential places too?
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Jan 22, 2019 02:24pm
Thank you sir.
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Jan 22, 2019 02:30pm
@phullu mian, "residential places too?" Illegal constructions.
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Jan 22, 2019 02:38pm
@phullu mian, residential places too? Yes they should also be demolished as most of the buildings are built on encroached land secondly they are not only the source of hindrance in the flow of traffic but also a major hindrance in the future plans for widening of roads.
I would also request honorable SHC to check the mushroom construction of high rises on 400 square yard plot in total violation of SBCA and illegal construction of portions on plots as small as 120 square yard. Further all departments like KE, KWSB, SSGC, PTCL should be barred to give connections to illegal constructions.
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Jan 22, 2019 02:41pm
Right, one more government agency to fill the pockets with bribes.
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Jan 22, 2019 02:42pm
Unlawful buildings only in Sindh?
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Jan 22, 2019 02:51pm
Its like a circus, 1st the authorities take bribes to let you build and now these judges are getting rid of all the rubbish but who is going punish the corrupt officers?
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Jan 22, 2019 02:52pm
I know there will be huge hue and cry on it and it should be. First, make someone responsible for approving such illegal structures and put them all behind bars and make arrangements to pay citizens who may have gotten into such illegal constructions without knowing what they are getting into 20-30-40 years ago. Justice will only then be served.
For all wedding halls in residential areas, go out and raze them all as they became a menace for the city traffic.This looks like a 5 year project as it may need demolishing half of Karachi city.
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Jan 22, 2019 02:56pm
Some blocks in North Nazimabad ( near Hydri Market) that were purely residential have been converted partially or fully into shops? Is it legal?
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Jan 22, 2019 02:59pm
The SC will do well to define what is covered by the use of the term unlawful constructions in its order? It will also be appreciated if it could suggest some authorities to take action against those organizations who consider themselves over and above the laws of the country. The people of the city are with the SC and hope that ultimately the rule of the law shall prevail and the land grabbers irrespective of their belonging to this or that group will be punished and thrown out of the illegally occupied lands in the city.
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Jan 22, 2019 03:08pm
Karachi should be handed over to federal govt completely
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Jan 22, 2019 03:13pm
a new chaos.... building in Karachi
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Jan 22, 2019 03:43pm
Illegal constructions built by Qabza mafia must be demolished to restore the original plan of the city.Karachi has become a jungle of illegal buildings and people who are running in the city like crazy. Supreme Court is doing great job for betterment of the city.
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Jan 22, 2019 03:45pm
China cutting plots too?
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Jan 22, 2019 03:50pm
Fantastic!
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Jan 22, 2019 03:52pm
Sir please also take Strict action against all those who allowed/approved all this mess
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Jan 22, 2019 04:12pm
I am loving it.
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Jan 22, 2019 04:14pm
Please stop this. Take control of these. Convert them into shelters. Take rent from people who want to use these buildings.
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Jan 22, 2019 04:17pm
Rule of law is to be prevailed at all costs....no one is above it......
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Jan 22, 2019 04:23pm
Mi Lords, are there any exceptions to this order of yours, or are all the institutions, to whichever branch of the government they may belong to, whether civilian or otherwise, covered under this order. One only asks as not every one institution has followed the orders passed by the supreme court in the past.
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Jan 22, 2019 04:29pm
I want to convey my heartfelt thanks and appreciation to the judiciary of Pakistan. Today we feel that this city can be prevented from plunging into a society that has the prevalence of laws of the jungle and the might is right is the only way to go about doing business.
It is also important to note that some people after demolition are back to their business and building their encroached land again. I would request judiciary to look into this matter as well and make the local agencies responsible for preventing the recurrence of encroachment practices.
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Jan 22, 2019 04:30pm
Well done justice Sajjad Ali Shah and justice Gulzar Ahmed, way to go, I'm lovin it.
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Jan 22, 2019 04:32pm
Judiciary says SBCA has abandoned Karachi. Anything comes under the corrupt and incompetent Sindh government is abandoned in Karachi in particular and interior Sindh in general.
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Jan 22, 2019 04:37pm
A commendable ruling by the learned justice of SC. The city of Karachi, for all practical purposes, stand paralyzed due to mushrooming of these high rise commercial buildings erected in almost all side streets & that too w/o provision of proper parking areas. The in-suing traffic congestion, is a major cause of air pollution resulting in rise of respiratory diseases to people of the area.
The SEPA, must carryout mandatory environmental impact assessment of each building as per Article 11 of the Pakistan Environmental Act, 1997, interms of future physical, environmental, health & safety impacts to unsuspecting communities where these buildings are proposed to be erected.
In order to achieve a realistic outcome of SC order, the EPA must ask each developer to submit EIA of their proposed project, & be examined by a committee of experts from public & private sectors. Once a clearance to erect such building is given, it should be followed up through periodic inspections for implementation
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Jan 22, 2019 04:38pm
All encroachments from Karachi to Gilgit must be demolished without any consideration and mercy.
Who is rich who is poor it makes no difference?
Enough is enough.
Illegal is illegal.
Against the law is against the law.
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Jan 22, 2019 04:53pm
SCBA converted residential plots in commercial plots , builders build and end user bought the flats , now who is paying the price ? looks like a unrealistic order...
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Jan 22, 2019 04:57pm
"Should we hand the city's control over to the federal government?"
I wish this remark become a reality!
In fact, the Sindh Government has failed to manage this city. And sooner or later this is going to happen, if not through legislation, maybe through some judicial order.
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Jan 22, 2019 05:05pm
@phullu mian, Yes I hope so. Illegal is ILLEGAL !
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Jan 22, 2019 05:15pm
poor decision
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Jan 22, 2019 05:29pm
@Irfan UK, the people who are offering bribes on the first place
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Jan 22, 2019 05:37pm
I believe the order from the apex court is applicable to all institutions and organizations who have built illegal marriage halls, buildings and shops. At Rashid Minhas road one can see illegal constructions that start from Drigh Road (COD), Cinema at Askari 5, Restaurant parkings etc. At Shahra Faisal the under construction mall i.e. Falcon Mall (Faisal Cantt), McDonald, Bank, Shops at Jinnah Avenue (Malir Cantt) etc. These constructions were already declared illegal by Supreme Court and must be demolished in order to provide justice equally to all concerned people.
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Jan 22, 2019 06:02pm
Finally applying the law and bringing law and order back. Thank you PTI.
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Jan 22, 2019 06:19pm
So wait where are people supposed to get married? City's grow and change. 40 year old karachi didn't have this much population.
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Jan 22, 2019 06:19pm
It seems that finally people are starting to understand what is legal and whats not. Many corrupt individuals in power for years must have made lot of money allowing illegal construction and many people were more than happy to do illegal constructions. Now, its good to see dismantling of illegal encroachment.
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Jan 22, 2019 06:24pm
All for making karachi federally administrative division.
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Jan 22, 2019 06:27pm
@Karachitee, Thank you, really these guys are making the economy grinding to halt, I would say dead Halt.
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Jan 22, 2019 06:29pm
This needs to be done all across the country, I’m all for people making a living, but you cannot take over roads and pilions and make a mess out of the city and traffic.
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Jan 22, 2019 06:42pm
all illegal places residential or non residential must be demolished. We want KARACHI NICE and Clean.
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Jan 22, 2019 07:04pm
Demolish mqms illegal constructions too constructed in in parks.
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Jan 22, 2019 07:06pm
Justice saqib nisar we will miss you
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Jan 22, 2019 07:07pm
Further to my post I would humbly request both honorable courts i.e. Supreme Court and Sindh High Court that all marriage halls should also be demolished that are built on narrow roads without any parking facilities for example road leading from Water Pump Chowrangi to Peoples Chowrangi in Gulberg Town has become a nightmare not for the commuters as they face unnecessary long traffic jams due to the several marriage halls mushroomed during last few years but also a constant nuisance for the resident of the area as the adjoining streets get packed with the overflow of main road traffic and the resident of the area cannot even sleep in their houses due to firing and firecrackers blasts on arrival and departure of groom's wedding procession let alone the patients lying in the hospitals situated on the same road
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Jan 22, 2019 07:12pm
Please order to clear all parks from illegal madrisahs as well, who first started with a masjid and in many places taken over whole parks in the name of madrishas Mostly children are brought from different rural areas for running this business.
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Jan 22, 2019 07:15pm
Citizens of Karachi stop giving your money to illegal businesses, problem will be solved. Money is the king...
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Jan 22, 2019 07:32pm
The Supreme Court is upholding the law. No country in the world would allow land mafia to grab public land, turning cities into vast garbage dumps which had become an eyesore and health hazard. Both PPP and MQM as political parties in power for last thirty years or so, are responsible and must be penalized. The rule of law must be enforced.
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Jan 22, 2019 07:33pm
@Sensible, How about the illegal walls and barriers around Bilawal Chowrangi, and then re-naming it with a better name.
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Jan 22, 2019 07:42pm
Yes start with cantonment.
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Jan 22, 2019 08:02pm
Please Do not demolish legal markets such as sadars Akbar Road market.
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Jan 22, 2019 08:07pm
A positive step towards "Pakistan Zindabad ".
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Jan 22, 2019 08:24pm
Justice Gulzar said during the hearing, adding that if the local government "was incapable of running the city, it should let the Sindh government to take over".
Are you kidding? To Sindh govt. who is responsible for all this mess!!!
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Jan 22, 2019 08:57pm
@Mirza, if my city is unlivable because of these illegal construction than what I will do with good economy. No water, roads are in pathetic condition, sewage line does not exist, no walkways and you are talking about economy. Please stop treating Karachi as golden duck.
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Jan 22, 2019 08:59pm
@Hafeez, "Please Do not demolish legal markets such as sadars Akbar Road market" i a legal market became the source of constant nuisance for the commuters and cause traffic jam due to their encroachment on foot paths and half of the road then such markets should also be demolished / removed / relocated immediately because it is natural law that you can left the majority at the mercy of few people to suffer perpetually
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Jan 22, 2019 09:07pm
@HA, "Justice Gulzar said during the hearing, adding that if the local government "was incapable of running the city, it should let the Sindh government to take over".
Are you kidding? To Sindh govt. who is responsible for all this mess!!!" I am totally agree with you according to the existing local government law the Mayor of City has no power or very little power all the important Civic departments are under the direct control of Sindh Government. Karachi Building Control Authority better known as KBCA was converted to SBCA by the Sindh Government as soon as PPP took over the province and all know what happened to the beautiful city of Karachi after this change
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Jan 22, 2019 09:14pm
Start demolishing structures built on encroached land by the big wigs to demonstrate applicability of the rule of law to everyone. Bilawal house?
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Jan 22, 2019 09:43pm
@naseem, I fully agree with your observation. Such illegal constructions should also be removed in their entirety.
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Jan 22, 2019 10:02pm
Karachi City authorities should immediately demolish the illegal constrctions and arrest the Land mafias.
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Jan 22, 2019 10:16pm
Excellent decision; at last some semblance of honesty
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Jan 22, 2019 10:53pm
All illegal Construction should be Demolished with immediate effect. we need clean Karachi.
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Jan 23, 2019 12:21am
Give the local governments the authorities.
The most corrupt provincial government is Sindh.
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Jan 23, 2019 12:31am
Start with Bilawal House extensions that do not meet code and height of boundary walls that do not meet code. Why must only the poor people suffer?
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Jan 23, 2019 12:55am
Malik Riaz syndrome exists in pakistan. That’s why it’s important to punish the big fish. As it’s the authorities’ indifference towards big fish that encourages general public to break law and build illegally with disdain.
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Jan 23, 2019 01:08am
@Irfan UK, why they gave bribe to the gov officials?
As you sow so shall you reap' simple
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Jan 23, 2019 01:37am
Most of the people who made money through illegal construction will not be caught. People living in illegal construction will suffer. Catch the land mafia tycoons first.
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Jan 23, 2019 01:39am
I am ecstatic about this order. Please first start from Khalid Bin Waleed Road. These building mafias have ruined my great city in only 30 years.
NK LosAngeles
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Jan 23, 2019 01:41am
The Full Sindh Govt. Comprising of PPP and MQM stalwarts should be immediately relieved and disqualified. They are the big culprits and responsible for this big mess.
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Jan 23, 2019 02:02am
@Voter,
Mr. Voter,
Congratulations on your comment.
According to your comment this work, demolishing the Bilawal house extensions and meet code and height of boundary walls, must be carried out by the authorities as soon as possible.
Why is the illegal works of Bilawal house still spared because its belong to the Zardaris, Bhuttos and Talpurs?
Nobody is above the law.
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Jan 23, 2019 02:09am
If someone wants to see the affairs of Karachi, know that the Government officer of the SCBA present in the court for this hearing lives in a ~1500 sq. yrds house in Naval Housing in ZamZama ( a place where a 300 sq. yards house goes up to 12-13 crores).
An audit should be done on the Naami/Be-Naami properties of all these officials who have looted Karachi and accumulated personnel wealth and should be tried on treason, because this is no less then treason.
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Jan 23, 2019 09:15am
@HA,
Mr. HA,
You are right.
The provincial government of Sindh is worse than the governments of other provinces.
It means government of Sindh is most corrupt for decades.
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Jan 23, 2019 10:16am
Before issuance of any order,it is better to clarify that such orders is only applicable to common man and Government and elite class is fully authorize to construct their secretariat or registry at any place
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Jan 23, 2019 11:55am
@NK, "The Full Sindh Govt. Comprising of PPP and MQM" Did you wake up from a ten year hibernation?
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Jan 23, 2019 12:16pm
@Khan, I strongly second your views and request the honorable Supreme Court that NAB should be asked to investigate into the properties and bank accounts including benami of all current and retired officials of Sindh Revenue Board, SBCA atleast for the last 20 years
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Jan 23, 2019 12:23pm
Residential plots can be permitted to built commercially due to increase in demand / population and thats what has happened in that case, how can you bring city back to 40 years old position.....SC decision is just not practical, demolition is just no solution, millions of people are living in these buildings
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Jan 23, 2019 04:00pm
All these illegal construction had been legalized by the relevant authorities. What's is crime of people who got the land on payment, spent money on construction only to find out that it's illegal. SC should first order who was responsible for alloting these lands, ask them to provide alternative places with compensation for losses and then have these places razed.
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Jan 23, 2019 09:32pm
Kashmir road is a very upscale residential area... The main road has pot holes one a complete lane.... After the rain the holes became so deep that the people had to literally plant trees in the hole.... Trees in the middle of the road literally..... Fail city govt and sindh govt
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Jan 24, 2019 11:18am
Easy to order but hard to be accomplished.
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