KARACHI: The Sindh High Court on Monday issued notices to the defence secretary, Defence Housing Authority (DHA) and Cantonment Board Clifton (CBC) on a petition filed against bifurcation of streets.

Petitioner Dr Mazhar Naeem approached the SHC and impugned a scheme invoked by the respondents in DHA Phase-I.

Citing the defence ministry, DHA and CBC as respondents, he submitted that they had bifurcated streets in a manner whereby the smooth flow of traffic and access to thoroughfares had been restricted.

He also submitted that drainage pathways had been covered with concrete structures that hindered the effective discharge of water accumulated in DHA Phase-I.

He further submitted that it was against the rights and interests of the general public as well as in violation of an order of the SHC handed down on a petition filed in 2014.

The petitioner also contended that DHA Order enable DHA to frame rules and regulations, but the same were framed only “concerning to building works, but did not attend to matters which concern to the impugned scheme or incidences thereof”.

“Planning and altering streets and public pathways including drainage works is an aspect of town planning,” he maintained.

The petitioner submitted that in absence of rules permitting procedural observance of such authority was a matter of grave concerns and thus distressing and disqualifying exercise of public rights and expectations.

The petitioner asked the SHC to declare the impugned scheme illegal and unlawful and order immediate removal of all concrete structures dividing the streets.

After a preliminary hearing, a two-judge bench headed by Justice Adnan Iqbal Chaudhry put the respondents as well as deputy attorney general on notice for Aug 16.

Published in Dawn, Aug 1st, 2023

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