HYDERABAD: A division bench of the Sindh High Court, Hyderabad circuit, on Thursday modified the court’s Jan 31 order regarding shifting of Sabzi Mandi to its new site.

The bench comprising Justice Mohammad Shafi Siddiqui and Justice Mohammad Faisal Kamal Alam ordered that respondents (civil administration officers) could take adequate measures as also highlighted in Sindh government’s March 14 notification.

The court observed that the Jan 31 order clearly stated that “respondents shall ensure that no one be allowed to create any law and order problem”. It said it was being modified as “official respondents can take adequate measures as also highlighted in March 14 notification in view of present national emergency”.

Hyderabad Commissioner Abbas Baloch, Deputy Commissioner Ayesha Abro, SSP Adeel Hussain Chandio, director of agriculture and marketing Shoukat Mastoi personally appeared in court in connection with an application filed by Additional Advocate General (AAG) Allah Bachayo Soomro.

The AAG filed his miscellaneous application vis-a-vis a petition filed by Abdul Rasheed Arain and Zahid Arain.

Traders told to immediately move out of old site

In its Jan 31 order, the court had ordered that “petitioners and those who are genuine allottees/occupants in existing sabzi mandi would not be prevented from carrying out their lawful businesses/trade”. However, the order added, “respondents shall ensure that no one be allowed to create any law and order problem”.

The AAG also produced Sindh home department’s March 14 notification in the wake of coronavirus situation. The notification was issued in exercise of powers under sections 3(1) of the Sindh Epidemic Diseases Act 2014.

On a specific query, the commissioner apprised the court that in view of present national emergency, the administration only wanted to distribute various lawful occupants/traders doing their trade activities at Sabzi Mandi, “into smaller groups, in order to forestall spread of above pandemic as best as possible”.

The counsel for government officers stated that proper infrastructure was now available at the New Sabzi Mandi site and many lawful allottees of the present Sabzi Mandi had already moved to the new site.

The petitioners had asked the court to declare imposition of Section 144 “illegal” and appoint an officer as commissioner to visit the new site. They also urged court to direct the respondents to restore the status of the new fruit and vegetable market, funded by the Asian Development Bank (ADB), in line with its approved PC-I.

Meanwhile, according to a handout, DC Ayesha Abro has directed the officials concerned that in view of present coronavirus situation and to avoid rush of people, the administration had decided to temporarily shift 30pc activity of fruit and vegetables auction from the existing Sabzi Mandi to its new site for which permission had been sought from the high court.

Speaking to officials and representatives of the market, she called for proper water and sanitation facilities at the New Sabzi Mandi. She directed director of agriculture and marketing Shoukat Mastoi to hand over possession of shops to their respective traders and get the pending construction work completed within the next two days.

She sought cooperation of traders in view of the national emergency.

SSP Chandio asked traders’ representatives to ensure shifting of their business to the new site to avoid implementation of the administrative orders through police.

Published in Dawn, March 20th, 2020