SHC issues contempt notice to five Karachi cantonment CEOs

KARACHI: The Sindh High Court on Friday issued its written order on an application of initiating contempt proceedings against Cantonment Executive Officers of five cantonment of Karachi for disobeying court order whereby they were restrained from using public places and parks for commercial activities.

Farhan Wazir and others had filed a lawsuit against reclamation of land from sea and use of public space and parks for commercial activities by cantonments and various other authorities.

A one-judge bench comprising Justice Zulfiqar Ahmed Khan had on October 22 restrained the defendants from further reclaiming the land from sea and commercial use of public space and parks in their limits. The court had also asked official assignee of the court ascertain the situation and file a report.

The official assignee filed its interim report while the plaintiffs moved an application for contempt of court on December 01, 2021.

Justice Zulfiqar while allowing the defendants to obtain copy of the report from office of official assignee observed that the report spoke volumes about roles of various parties.

The official assignee in its report had sought court directions for Defence Housing Authority for provision of documents of land initially allotted in favour of DHA and the details of all other land subsequently came in their occupation by way of reclamation either carried out by themselves or by any other Federal or Provincial department.

The official assignee further sough that the DHA be further directed to share the title deeds of reclaimed land in their occupation besides the land sold out to M/s. EMMAR Karachi and HRM Water Front Project.

The official assignee also prayed the court to direct Director General, Civil Aviation Authority to appoint focal person to coordinate with his office and file title documents, right of occupation and use of commercial properties in their use/possession

The official assignee prayed that court that Port Qasim Authority may be directed to provide documents of re-claimed land in total and as status of their possession of such land and Survey of Pakistan may be appointed at the cost of plaintiff for demarcation of re-claimed land. Furthermore the official assignee sought court directions for government of Sindh to appoint focal persons for its various departments Secretary Land Utilization to appoint their focal persons to share the ownership and possession of reclaimed land in their occupation and use.

The court in its written order mentioned that official assignee prayer primarily pertained to various materials and plans withheld by the defendants, for which orders had already issued,

The court again directed the parties to provide material, plans, maps to the official assignee urgently and directed the counsel from DHA, CAA and PQA who were present in the court to ensure official assignee’s demand for providing the requisite information, material, plans, maps etc wer met forthwith.

The court issued notice to Survey of Pakistan, Karachi Camp Office for providing requisite information to the official assignee and Advocate General Sindh for appointing focal persons.

The court praise Marvi Mazhar for providing detailed geographical (satellite) map recording gradual reclamation of land through time (1984-2020) and its impact leading to costal erosion and temporal shoreline changes resulting in coastal floods, storm surges, sea-level rises, sand transportation towards neighboring areas, destroying natural habitat of sea life and coral reef.

The court appointed Mazhar is appointed as Amicus Curiae and asked the counsel for DHA to bring any technical expert(s) on shoreline development and its impact on marine life and sediment transportation to assist the court.

The court further directed for sending intimation to Architect & Urban Planner Arif Hasan for his appointment as an Amicus Curie too.

The court also directed DHA to Geotechnical and Structural details of building being built near seashore.

The court while issued notices for December 15 to the alleged contemnors Clifton Cantonment Board, Karachi Cantonment Board, Cantonment Board Faisal) and Malir Cantonment to provide documents specifying their boundaries and delimitations as prescribed under section 3 of the Cantonment Act, 1924 and all subsequent alterations made therein through the process prescribed under section 4 of the Act.