Daily Times

KARACHI: The Sindh High Court has restrained the Karachi Metropolitan Corporation (KMC) from bulldozing the buildings constructed legally along the embankments of Gujjar Nala.

A two-judge bench headed by Justice Nadeem Akhtar gave this restraining order while hearing several petitions against the civic authorities for demolishing ‘legally’ constructed houses.

While disposing of the petitions, the bench directed the petitioners to approach the tribunal established under Section 12 of the Sindh Public Property Removal of Encroachment Act, 2010 before Dec 17 for readdressing of their grievance. “In case any such proceedings are initiated, the same shall be decided by Feb 28 strictly in accordance with law after providing a fair hearing to the petitioners,” it added.

The court ruled that no coercive action shall be taken against the petitioners in respect of their properties which were in accordance with their allotment, registered lease and site plan till Feb 28 or final outcome of the proceedings on the property dispute.

It, however, clarified that this order shall not apply to or protect such persons who are in possession of lands or have raised construction without any valid allotment, registered lease and site plan and the anti-encroachment drive initiated by the civic authorities shall not be affected, delayed or stopped.

Earlier, the petitioners had alleged that the civic authorities were demolishing their houses constructed legally under the garb of illegal encroachments. They added that the land where there house were built were leased out to them by the authorities, despite the fact there houses are being being razed.

They pleaded the judges to restrain the authorities from demolishing their houses and other properties.