KARACHI: Holding the land department of the Karachi Metropolitan Corporation (KMC) responsible for the destruction of turtles’ resting and nesting grounds along Hawkesbay beach, the Sindh wildlife department has recently warned it in a letter of potential legal action.

The letter states that an FIR will be filed if the KMC fails to explain the legal authority under which it has allotted land and permitted “illegal construction” along the beach.

According to a copy of the letter available with Dawn, Hawkesbay beach serves as a vital nesting ground for marine turtles and other species. The protection of these animals is not only a moral duty for the present generation but also a legal obligation of the Sindh wildlife department.

“Regrettably, over the past two decades, dry sandy areas crucial for turtle nesting have been increasingly occupied by infrastructure development,” the letter states.

“Encroachment, primarily through illegal construction and unauthorised allotments, has drastically reduced the space available for turtles to lay eggs.”

Wildlife dept warns KMC’s land dept of FIR for allowing ‘illegal’ construction along the beach

The letter accuses the KMC of recently constructing a building on a nursery site adjacent to the Sindh Wildlife Marine Conservation Information Centre. It also notes that infrastructure encroachment has caused significant damage, as evidenced by data collected by the wildlife department over the last two years.

The data shows a significant increase in the number of female turtles returning to the sea (during the September-February period) without laying eggs. “It is our responsibility to prevent and report illegal activities that threaten these protected species. The unauthorised allotment and support for construction on turtle nesting sites by your office, without lawful authority under provincial land grant laws, is a serious violation,” the letter continues.

The letter demands that the KMC provide legal justification for its actions, citing relevant regulations under provincial Land Grant Allotment laws, and submit a list of all such allotments, including allotment letters issued. It warns that failure to provide adequate documentation will be interpreted as an inability to present a lawful defence.

“Consequently, an FIR will be filed under the Sindh Wildlife Protection Laws, holding your office responsible for aiding and abetting the destruction of sea turtle nesting sites. The case will be brought before the Honourable District and Sessions judge under the relevant provisions of these laws,” the letter states.

Issued under Section 40 (c) of the Sindh Wildlife Protection Act, 2020, and sub-rule (7) of rule 9 of the Sindh Wildlife Protection Rules, 2022, the letter warns that “failure to comply shall result in the initiation of legal proceedings under Sections 9, 21, 73, and other applicable Sindh Wildlife Protection Laws.

Demand for rent backfires

Speaking to Dawn, the additional director of land at the KMC confirmed receiving the letter and stated he was working on a response. “I am not in a position to immediately respond since I have recently been transferred here. I need time to look into this,” he said.

According to sources, the wildlife department’s letter is a response to an earlier KMC letter demanding rent for the land used by the wildlife department for facilities, including nurseries that provide a safe haven for turtle hatchlings. Notably, the KMC’s letter, dated September 13, 2022, was received by the wildlife department on October 16, 2024—a fact mentioned in the wildlife department’s letter dated October 22.

Wildlife department officials, speaking on condition of anonymity, said they had been waiting to take action against illegal infrastructure development along Hawkesbay beach, which has nearly wiped out turtle habitats over the past two decades. However, a lack of documentary evidence and legal authority previously hindered action. With the new law in place, the department can now protect both wildlife and their habitats.

“While turtles have always been a protected species under provincial wildlife laws, their habitats were not,” an official explained. “The KMC’s letter has provided the documentation needed to build a case.”

Loss of habitat

Rab Nawaz, Senior Director of Conservation Biodiversity at the World Wide Fund for Nature-Pakistan, stated that a significant area of turtle nesting habitat along Sandspit and Hawkesbay beach has been encroached upon due to hut development over the decades.

“A 2009 study indicated a loss of almost 60 per cent. Though the report is dated, little has changed on the ground since then, and the situation may have worsened without environmental safeguards,” he said, stressing the need for further studies on the impact of factors like pollution on turtle nesting habitats.

Mr Nawaz noted that WWF-Pakistan has advocated for the entire area, including mangroves and beaches, to be designated as Gifts to the Earth, yet the proposal has received little attention. “In many countries, strict laws would prevent such development on a beach, especially one with nesting turtles. We have weak laws for coastal habitats. While mangroves are just about protected, other habitats don’t fall under this category,” he added.

Published in Dawn, November 7th, 2024