HYDERABAD: The Sindh culture, tourism, antiquities and archives department has conveyed to civil court its intention to become intervener in the case of illegal demolition of heritage building of a school where a commercial shop had been opened in violation of relevant laws.

The department’s assistant director Ms Sindhu Chandio and field assistant Ruknuddin Qureshi informed the court on Thursday that the department would file application for becoming intervener in the case.

She told Dawn after the hearing that the department had already issued a show-cause notice to the school concerned and it was affixed on the school’s wall as well.

Through the notice issued to the principal of Jamia Arabia High School located on Tilak Incline, the official has called for stopping illegal demolition and construction work immediately and asked the principal to appear in person along with record to explain his position. The notice was issued under section 10(1) of Sindh Cultural Heritage (Preservation) Act 1994.

The official said that it was a matter of record that the subject property was enlisted as and declared protected heritage within meaning of Sindh Cultural Heritage (Preservation) Act 1994.

She said the principal had violated the Act by carrying out demolition and construction in the protected heritage building without obtaining permission from the department. The mukhtiarkar concerned submitted a statement in the court of senior civil judge-III on Thursday stating that city survey No.2941 (Jamia Arabia High School) was a heritage building vide notification issued on April 26, 2018, by secretary of culture, tourism & antiquities and the suit property viz shop was part of the building as per record.

He said the property (shop) measuring 26-00 square yards bearing city survey No. 2941/1 of ward-A was entered in city survey record in name of Mohammad Furqan, son of Mohammad Farooq Kamal, and Waseem Din, son of Fayaz Din.

He said that it was found during a surprise visit to the school by deputy commissioner, Hyderabad, assistant commissioner City and the undersigned on Jan 18, 2023, for the removal of soft encroachment over public property that the occupant of the suit property was running a hotel in the shop.

He said the shop owner was directed to remove illegal construction over public property and submit an undertaking to the AC along with a permission letter of the antiquities and archives department but he failed to do so.

He said that later the shop was sealed under directives of the DC to preserve the heritage building of Govt Jamia Arabia High School. The assistant director of antiquities & archives was directed to take action under section 18, 19, 20, 21 of Antiquities Act, 1975, he said.

He said that it was found during price checking drive along with AC on Feb 1 that the owner had misused the court orders and raised encroachments on public property again. He requested the court to dismiss the plaintiffs’ application.

The court adjourned the case to Feb 13.

Published in Dawn, February 4th, 2023

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