Resolving the problem of illegal constructions

Updated 13 May, 2019

The apex court's ongoing effort to rid Karachi of encroachments from amenity spaces and commercial use of cantonment lands is getting frustrated as influential players try and resort to stalling tactics. Resuming on Thursday its proceedings regarding implementation of its January 22 order, a two-member bench comprising Justice Gulzar Ahmad and Justice Mazhar Alam Khan, had expected a compliance report but found the report submitted by the Defence Secretary "unsatisfactory and an eyewash." Justice Ahmad reminded the secretary that the order had to be fully implemented, expressing his displeasure over the fact that wedding halls and marquees in Karsaz and PAF bases remained operative. The court further observed that no one had the authority to give possession of state lands to private persons, yet the Defence Housing Authority had handed over state land to private parties. The defence ministry's involvement in such activities has long been a subject of public controversy. The resistance in the present instance does no good to its image. It can also cause it trouble, as the court warned non-compliance would invite contempt proceedings against the officers found responsible for disobedience.
The bench also took up a petition seeking contempt proceedings against the provincial minister for Local Government Saeed Ghani for his reported statement that he would prefer to resign rather than allow razing of any illegally constructed building. The city Mayor, Waseem Akhtar, had also made defiant remarks saying "we will not demolish buildings." Their concern about rendering people homeless is understandable, so is the plight of the occupants of illegal buildings who may have been trapped into buying these properties by unscrupulous developers in collusion with elements in the relevant government departments and agencies. Things being where they now are, a way can still be found around the problem provided the government has the will to resolve it, which is to find alternative housing for the affectees. In fact, the provincial government cannot absolve itself of responsibility for illegal constructions and the resultant haphazard growth of Karachi. It is worth noting that when the court asked them for the city's original master plan devised in 1952, along with subsequent changes to it, both the Sindh Building Control Authority Director General and the Mayor claimed to be unaware of it. No wonder as the court noted, 70 percent of the city has been occupied through unauthorized constructions, even the circular railway tracks have not been spared by encroachers. The court has now directed the Commissioner of Karachi to remove all illegally built multi-storey buildings in Delhi, Punjab, TNT and Neelam Colonies, strictly in accordance with the law, also giving Pakistan Railways two weeks to retrieve the land along the Karachi Circular Railway (KCR) tracks, with directions for the Sindh government to make KCR functional within a month.
It is about time Karachi got a new master plan that balances the demands of growth with proper use of land, and betters the environment. A starting point for all relevant authorities, the Ministry of Defence, provincial and district governments would be to implement in letter and spirit the court directives pertaining to illegal constructions.

Copyright Business Recorder, 2019

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