KARACHI: The Supreme Court on Wednesday directed the Karachi Development Authority (KDA) to remove encroachments from around 35,000 amenity plots in the city within two months.

Expressing dissatisfaction with a compliance report filed by the KDA director general on an earlier court order, a two-judge bench of the SC headed by Justice Gulzar Ahmed also directed the KDA officials to immediately cancel the illegal allotments of such plots.

On Nov 27, the bench had directed KDA DG Samiuddin Siddiqui to remove encroachments from all the amenity plots in the city within two days after a KDA official conceded during the hearing of an application filed by a woman that they had allotted an amenity plot to the applicant in lieu of her plot.

KDA officials told to immediately cancel allotments of such plots

At the outset, the judges took exception to the absence of the KDA chief despite clear directives asking him to appear in court. The KDA officials informed the court that the DG was ill and could not appear in court.

The bench members remarked that the DG would immediately appear if the court issued warrants for his arrest. Later, the KDA chief turned up.

Mr Siddiqui in a compliance report contended that they had demolished marriage halls built on amenity plots and green belts at 27 places in the city during the two-day drive.

However, the bench expressed dissatisfaction on the report and asked the KDA officials to inform it about the number of encroached or illegally allotted amenity plots as per the city’s master plan.

Mr Siddiqui disclosed that around 35,000 amenity plots were encroached upon through ‘china-cutting’, a term used for illegal occupation and carving of the land into plots and their sale.

The master plan director informed the bench that there were six different master plans for the city and the illegal allotments of amenity spaces had started after the relevant laws were amended in 1992.

Coming down hard on the KDA chief and his subordinates, the apex court told them to leave their offices and start work in the field. They observed that the last operation against encroachments in the city was carried out during the martial law of Gen Ayub Khan after which Karachi resembled any European city and people preferred Karachi to London.

The judges further remarked that the KDA officials helped the people get amenity plots allotted and they were also reluctant to clear the encroachments.

Justice Ahmed reminded the KDA officers that the court had passed an order for retrieving the city’s amenity plots from encroachments back in 2011, but the KDA officials did nothing.

They also pointed out that several buildings, including private universities, were built on public spaces, but no action was taken.

The bench directed the KDA chief to instantly cancel the illegal allotments and remove all encroachments from the around 35,000 amenity plots and sought a compliance report within two months.

The judges further told the KDA officials to ensure that the plots illegally sold through china-cutting must be retrieved from the encroachers at any cost and also sought a report in respect of a wall built in front of the city’s iconic historical site, Mohatta Palace.

The applicant, Sabiha Parveen, submitted that she fulfilled all the legal requirements to get a plot in North Karachi, but the KDA officials allotted it to another party.

She further submitted that this act on part of the KDA officials amounted to contempt of court and requested the court to initiate contempt proceedings against them.

The KDA officials also informed the bench on Wednesday that a plot was being allotted to the applicant in Surjani Town. However, the applicant objected to it and said there was a big difference in the market value of North Karachi and Surjani Town.

Subsequently, the bench directed the KDA officials to allot her a plot in North Karachi within two weeks.

Published in Dawn, November 30th, 2017