KARACHI: The Supreme Court has directed the provincial government and local administration to consider and decide within one month the claims of families who have been rendered homeless and not registered yet for compensation and rehabilitation after the demolition drive was carried out along three major drains in the city.

The court issued the order after the victims’ counsel had informed the judges that government officials concerned were not ready even to receive their applications/claims.

As there are various complaints over non-registration of many affected families for compensation and rehabilitation by the authorities concerned, the apex court said that if any affected family had not been included yet, they might submit their claims to an additional commissioner of Karachi.

A three-judge bench of apex court headed by Chief Justice Qazi Faez Isa said that such claims must be filed within a month and the official concerned would have to inform such families whether their claims were accepted or not.

SC issues written order in nullahs victims rehabilitation case

It also ordered that once this exercise was completed the Sindh government should allot plots and pay compensation to the affected families without further delay.

The Supreme Court heard several cases related to encroachments on public spaces in the city on April 25 and the written order was released on Saturday.

At the outset of the hearing, a lawyer for some of the families submitted that houses of his clients had also been demolished, but their names were not included in the list of affected families maintained by the government for compensation and rehabilitation.

The counsel asserted that the families had been approaching the deputy commissioner office concerned as well as the commissioner of Karachi office, but the officials concerned were not ready even to receive their applications/claims.

When the bench inquired from the advocate general of Sindh, he submitted that besides providing financial support on account of rental support, the provincial government stood by its commitment to allot 80 square yard plots to the affected families as well as to provide construction cost while 6,932 affected families had been identified.

Responding to another question of the bench, he said that leases were granted to such families by the departments concerned.

The provincial law officer further said that on April 8, an identical application seeking registration of affected families also came up for hearing, but it was erroneously mentioned in the last court order that such families may approach the focal person of the chief secretary of Sindh for redressal of their grievances instead of focal person of the commissioner of Karachi, who has been dealing with such cases since long.

The bench in its order said, “However, if any family whose house was demolished has not been included may submit their claim, with supporting documents and photographs, if any, to the commissioner’s focal person, Ms. Zunaira Jalil, additional commissioner-II, Karachi”.

It also stated that since the matter needed to be finalised, all such claims should be filed within one month and those who submit claims must be informed of the decision whether their claims were accepted or rejected.

Rs1m for each house

The AG said that the amount for construction purpose was fixed at Rs1 million for each house by the Sindh government which was sufficient compensation, but since it was objected to by some of the affectees the matter was referred to the Pakistan Engineering Council to calculate what would be appropriate amount, and the PEC’s calculation was awaited.

The apex court noted that last order passed on April 8, by this court stipulated compliance be made within two months on subject matter and such period had not expired as yet.

“Once the above exercise is completed the government should allot plots and pay compensation to the affectees immediately, and maintain proper record, without the need for an order from this court”, it added.

The demolition drive was carried out on the orders of the Supreme Court along Gujjar, Mehmoodabad and Orangi Town nullahs of the city in order to expand the drains.

In 2021 the apex court ordered the provincial authorities for compensation and rehabilitation of the affected and displaced families.

Thereafter, in August last year during the hearing of an application seeking contempt proceedings against Chief Minister Murad Ali Shah for not complying with the orders of the apex court, the provincial authorities forwarded proposals that the government would release amount to each of the affected families for purchase of land and construction according to market value of the land from where the affected families were dispossessed while about the cost of construction, the standards laid down by the PEC for construction of house measuring 80 square yards, would be followed.

A large number of the affected people, including women, are used to gather and stage protests outside the apex court building on almost every hearing against the government for failing to rehabilitate them despite the passage of around three years and several of them have also been complaining that their homes were also demolished, but they have yet to get any compensation on account of rental support or accommodation despite approaching the officials concerned.

Published in Dawn, April 28th, 2024