HYDERABAD: A Sindh High Court bench of Hyderabad circuit on Wednesday directed the Mithi deputy commissioner (DC) to clear the Karoonjhar Hills of all encroachers within 24 hours after their leases had been cancelled.

Comprising Justices Mohammad Shafi Siddiqui and Arshad Hussain Khan, the division bench fixed the petition filed by Shankar Meghwar for hearing on Thursday after passing the order.

The petitioner had prayed the court to suspend the notification of auction dated July 22 which was issued by the director general of the mines and minerals department and “declare the Karoonjhar mountains as historical, traditional, world cultural heritage and tourist point of Sindh”.

The bench took report of amicus curiae M/S Ishrat Lohar on record which was prepared in identical matter of the Karoonjhar case of 2021. The court said the site of Karoonjhar Hills appeared to be centuries old with hundreds of temples for worship.

It is claimed to be a tentative World Heritage site as maintained by the United Nations after which a notification was issued under the Sindh Cultural Heritage (Preservation) Act 1994 which said the site comprises of 19 sq kms called Karoonjhar Hills which is a World Heritage.

“It seems mines and mineral department is playing havoc and does not care for this World Heritage Site since numerous leases/licenses have been issued for mining which were withdrawn. It is one of fewest sites in world wherein hundreds of temples have been preserved, some of them of course with passage of time or with connivance of some private individuals including mines and mineral officers have been damaged,” read the order.

Nonetheless, said the court, it was maintained by the mines & mineral department as stated by Rabel Sarwar, assistant director of the department, that “all mining leases issued at Karoonjhar Hills or in vicinity of Karoonjhar Hills, have been cancelled and last auction notices have been withdrawn as impugned in petition. However, some individuals to whom licenses/leases were issued were still occupying site”.

“We therefore deem it appropriate these encroachers/occupants occupying World Heritage Site i.e., of 19 sq kms Karoonjhar Hills for excavation should be evicted and heritage site be cleared from these trespassers/encroachers. The Deputy Commissioner Tharparkar at Mithi shall ensure with assistance of law enforcement agencies that they should not be found occupying this Karoonjhar Hills’ area, as identified above and disclosed in memo of petition,” said the order.

The court directed the Mithi DC to clear site within 24 hours from Wednesday and appear in person along with report. “No excuses will be tolerated in case Hill is not cleared from those encroachers/occupants who are bent upon to demolish this World Heritage structure for their commercial gain,” stated the order.

In a connected petition of 2021, the respondents didn’t appear before the court and court observed that in case respondents were interested in assisting the court, they may appear by themselves or through a counsel on the next date as no further adjournment shall be granted.

Published in Dawn, August 31st, 2023

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