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01-23-2019, 05:52 AM
KARACHI/ ISLAMABAD: The Supreme Court on Tuesday imposed a ban on the conversion of residential plots and amenity plots for commercial purposes all across Karachi including cantonment areas. It directed DG SBCA to take steps to restore them to its original position as they were four decades ago and remove all illegal constructions from them.The interim order came on a petition about unauthorized construction on evacuee property at Lyari. Taking notice over illegal conversion of residential and amenity plots into marriage halls, shopping centers and other commercial activities, the Supreme Court’s two member bench headed by Justice Gulzar Ahmed ordered that there shall be complete ban on the master plan department of Sindh Building Control Authority or any other authority of the Karachi Metropolitan Corporation and the Sindh government to allow change in the use of land including the pending ones. “No such change of use of land shall be permitted,” the court observed. “The conversion of residential houses and amenity plots meant for parks, playgrounds and other amenities shall not be allowed for commercial use to build marriage halls, markets, shopping malls, apartments, marques, petrol pumps and CNG stations etc,” the court ordered. It also said all conversions allowed by these authorities shall be reviewed and efforts shall be made to ensure that land originally provided in the master plan of Karachi is restored to that status.The court ordered that environmental protection department and all other government department concerned shall ensure that the city of Karachi is restored to that of its original master plan and no deviation from it should be allowed to be made. The court ordered that master plan group of SBCA shall not convert or allow to be converted the use of plot or land from its original use to that of any other use and all constructions which are illegally and unlawfully made in the city of Karachi shall be reviewed by the SBCA within period of one month. The court ordered SBCA to submit compliance report within one month recommending how these illegal and unlawful constructed buildings can be demolished and plots and land restored to their original use and how the people occupying such buildings will be compensated and provided alternate accommodation by the SBCA from the funds generated by its own staff.The court observed that there seems to be an epidemic in the city of marriage halls, shopping malls, petrol pumps/CNG stations and the houses are being allowed to be converted for these purposes. The bench also sought details of wedding halls, shopping malls and plazas constructed in the city in the last 30 to 40 years and sought recommendations from the Sindh government regarding restoring the city to how it was 40 years ago. “Do whatever but implement court orders,” the bench directed. “If the orders are not implemented then we will ask DG Sindh Control Building Authority (SCBA) Iftikhar Qaimkhani to pack up.”Censuring DG SCBA, Justice Ahmed questioned, “If you can’t work then why are you sitting on the post? Should we give this city to the federal or Sindh government?” “If they cannot run the city then the Sindh government can takeover,” Justice Ahmed remarked. “Does anyone feel ashamed after looking at the condition of this city?” the judge asked. “SCBA officials only care about making billions,” he added. The court observed that DG SCBA and his officers are playing with fire and inquired the DG SBCA as if he had ever seen the lavish living standards of his officers.Meanwhile, the Management of Bahria Town on Tuesday offered payment of Rs358 billion for some 16,896 acers of land in its possession in Karachi project.A three-member implementation bench of the apex court in the Bahria Town Karachi case judgment headed by Justice Sheikh azmat Saeed heard the case.Barrister Ali Zafar along with Khwaja Tariq Rahim, Barister Aitizaz Ahsen, counsel for Bahria Town, appeared before the court while Prosecutor General National Accountability Court Syed Asghar, Additional Attorney General Tariq Khokar as well as director and other officials of Survey General of Pakistan appeared before the court.Barrister Ali Zafar submitted before the court that in pursuance of the court’s directions they have submitted offers of payment regarding Bahria Town Karach, Rawalipindi as well as Muree projects.He said although the management of Bahria town has so far received an income of Rs492 billion; however, it is willing to Rs358 billion for the legalization of some 16,896 acers of land in its possession in Karachi project. He said that for 7088 acers of land, the management is ready to pay Rs150 billion while for 9,000 acers of land it is offering Rs208 billion, adding that the payment will be ensured in installments within a period of 8 years.Justice Sheikh Azmat Saeed, dictating court’s order, observed that the offer made by the management of Bahria Town appears to be unreasonable. This prompted Khwaja Tariq Rahim another member of legal team of Bahria Town, requesting the court not to mention the said observation at this stage of the court order. He said that court may include this observation at the conclusion of the instant matter. The court however, rejected the request of the counsel of Bahria Town.Justice Sheikh Azmat Saeed asked Barrister Ali Zafar to go back to his client and seek instructions from him regarding increase in the offer of the payment.Justice Sheikh Azmat Saeed recalled that in 2014, the court had set Rs225 billion as the amount to be paid in order to legalise 7,068 acres of land. He observed that if one marks that up by 40 per cent to account for inflation, other factors, the number comes up to Rs315 billion.Ali Zafar submitted that they have been regularly abiding by the orders of the court adding that they have decided to offer final offer of Rs358b for 16,896 acers of total land in its possession.The court then observed that it would hear the federal and Sindh governments as well as NAB on the matter before ruling on it in the next hearing.Meanwhile, the court adjourned the hearing until January 29 wherein offers relating to Bahria Town Rawalpindi as well as Murree projects would be taken into consideration. As the court could not termed the offer made by Bahria Town reasonable, it asked the counsel to seek instructions from the management to reconsider its offer.http://feeds.feedburner.com/~r/com/cwEr/~4/l0U-ju8rFbY
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