The Supreme Court of Pakistan has ordered the demolition of all buildings on the route of the Karachi Circular Railway (KCR). The court has also warned Sindh government officials that contempt-of-court proceedings could be initiated against them if court orders are not carried out. In a related development the court has also directed the chief minister of Sindh to remove the director general of the Sindh Building Control Authority (SBCA). Now the authorities in Pakistan Railways and in the government of Sindh are required to remove all encroachments that fall in the way to revive the KCR. There are also hundreds of buildings that will come under the wrecking ball before the KCR is revived. These orders were issued as a result of petitions filed against illegal structures on amenity plots such as public parks and other open spaces that should not have been occupied in the first place.
Karachi is a megacity with widespread encroachments. The anti-encroachment drive is not new; we have seen various constitutional and criminal petitions of 2010, 2016, and 2017. As a result of court orders, numerous commercial and residential settlements that had flourished for decades and had strong communities and livelihoods associated with them were removed without a resettlement plan and in most cases without due notice to their residents. The residents or occupants of these lands must not be deprived of their fundamental rights to housing, shelter, livelihood, dignity, and property. They must also not be deprived of the right to due process and to being protected from discrimination and to compensation.
In an order issued in June 2018, the Supreme Court had directed the Sindh advocate general to conduct enquiries against such public officials who not only allowed the encroachment on public and railway land but also claimed profit for unlawful occupation from illegal occupiers. The Sindh chief secretary was directed to initiate disciplinary proceedings and criminal and civil actions against the aforementioned public officials within two months. Unfortunately no substantial inquiry or disciplinary proceeding has been initiated against the officers responsible for defrauding the public into occupying and therefore encroaching land. Now at least two points must be stressed. One, there should be a detailed compensation and resettlement plan; and, two, no discrimination should be exercised while dealing with big builders and common citizens. We have seen in the past that the big builders are excused by the authorities and their encroachments are overlooked; whereas the poor become the target of anti-encroachment drives. Utmost care must be employed so that people’s fundamental rights are not violated.
By The News 11 February 2020