Announcing the directing on Monday night, the commission gave the government a week’s time to issue the notification.
In a written letter, Chief Secretary, Rizwan Memon has been asked to report to the commission with details about progress in the matter on March 9.
The week’s time was given to the government after the chief secretary requested for some time for fulfilment of procedural matters.
The issue of a municipal services board had first been raised by a citizen, Dr Asim Hussain, in 2006. In an application submitted with the Supreme Court, Hussain sought constitution of a body responsible for all civic services, contending that it would facilitate the residents in timely resolution of their civic problems.
The then Chief Justice, Iftikhar Ahmad Chaudhry, ordered the provincial government to notify the constitution of the body. But the then Sindh government of Arab Ghulam Rahim failed to act upon the directives and the matter got postponed.
In its directive issues on Monday, Justice Muslim directed Planning and Development chairman Muhammad Waseem to notify and implement the masterplan prepared by then City District Government Karachi in April 2008 (up to 2020).
The plan was approved by the SC in October 2007. Back in 2008, the government notified the plan but no concrete steps were taken to implement it.
On Monday, the Water Commission also directed the Sindh Building Control Authority’s planning and development win and the Additional Advocate General to ensure that no approvals were granted for construction activity in the metropolis without issuance of no objection certificates from the new civic body, MSMB.
The commission observed that under the existing mechanism the SBCA was issuing building plans on recommendation of Town Planning Department, without even examining ground realities related to the capacity of civic agencies to provide services like drainage, drinking water, electricity, and natural gas.
In addition, the Water Commission asked federal and provincial governments to release Rs3.70 billion for the Karachi Greater Sewerage Project (S-III) and the Karachi Greater Bulk Water Supply Scheme (K-IV) to ensure continuity of ongoing work on both schemes. Both the chief secretary and the federal secretary for planning and development gave assurances to the commission about release of funds.
The commission expressed its displeasure over non-payment of compensation to those affected by land acquisition for the K-IV project. It directed the chief secretary to relieve Muhammad Ali Shah, the deputy commissioner for Malir, from service over his failure in the matter.
On this issue, Karachi Mayor Waseem Akthar said that during a hearing of the commission in January 2018, he was directed to present a clear plan for resolution of multifarious civic, administrative, and financial issues of the metropolitan corporation.
Akhtar said he had submitted proposals and also referred to a relevant SC verdict of 2006, in which the then Chief Justice ordered that municipal services should immediately be handed over to local bodies.
“The SC had agreed that there was an urgent need for early and effective administrative and legislative measures to harmonise and synchronise working of statutory bodies across the board”, Waseem Akhtar observed on Monday.
“I also submitted a petition challenging Local Government Act 2013, seeking transfer of administrative and financial powers to local bodies.”
In pursuance of the court’s order, Dr Ishrat-Ibad, the then governor with consent of all stakeholders, had approved a plan in light of Karachi Strategic Development. The constitution of a board of governor was also under consideration to manage municipal services back then.
Published in Daily Times, March 7th 2018.
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