KARACHI: The Sindh High Court on Monday ordered immediate demolition of concrete structures being erected at the historic Frere Hall Gardens.
The court also issued a show-cause notice to Karachi Administrator Barrister Murtaza Wahab with a direction to appear in person along with his reply on June 27.
Justice Zulfiqar Ahmad Khan observed that the administrator’s intrusion in any heritage building or site of the city would remain suspended till the next date of hearing.
The SHC issued such directives on a lawsuit filed by Marvi Mazhar against the ongoing constructions and fencing at Frere Hall in alleged violation of the heritage preservation law and preventing visual integrity of the iconic building.
Summons city administrator, chief secretary, heritage authorities
The bench also issued notices to the Sindh chief secretary, heritage department, director general of archaeology & museums national heritage, Karachi Metropolitan Corporation, director general-parks and horticulture department, advisory committee on heritage and other defendants as well as the advocate general for the next hearing.
Representing Ms Mazhar, Advocate Jibran Nasir submitted that the plaintiff had been serving as a member of the advisory committee on heritage set up by the then national history & literary heritage division, currently known as national heritage & cultural division since January 2019.
He further submitted that the cause of action leading the plaintiff to move to the SHC was the blatant infringement of the architectural beauty of one of Frere Hall and Gardens that was created in 1865 and had access from three sides.
He said while some of the iconic elements — band-stand (1870), drinking fountain, Queen Victoria’s statue (Queen’s Lawn) 1906, King Edward VII’s statue (King’s Lawn) 1916 and World War-I monument (1920) — have been systematically removed from the Gardens with utter disregard of the law, rules and sanctity attached to these items, now there was a bigger problem of zealous interference by the KMC.
He maintained that while the heritage site, maintained by the provincial government, needed urgent attention, the recent act of the defendant to construct concrete gates on all the three roads was the violation of the Rule 8(1) of the Sindh Cultural Heritage Property (Identification, Enlistment and Protection) Rules, 2017 introduced through the Sindh Cultural Heritage (Preservation) Act, 1994.
The counsel submitted that when these tasteless structures were being built, the plaintiff along with some other residents of the city and member of the civil society approached the heritage authorities to put an immediate halt on those activities.
He said that the act was in continuation of the KMC’s attempt to privatise and gentrify the site, which was in existence for the last 160 years and cherished by everyone.
The lawyer argued that a number of individuals appeared and tried to stop the work in question, but the KMC, headed by Barrister Wahab, seemingly lacked keenness to understand the sophisticated aspect of the city’s growth and its architectural beauties needed to be preserved over centuries as the alleged construction in utter violation of the law as well as offensive to the heritage and architectural value.
Published in Dawn, June 21st, 2022
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