GULZAR AHMED, C.J.--- CMA No. 441-K/2021 (GUJJAR NALLAH AND ORANGI NALLAH): The learned Attorney General for Pakistan states that he will seek instructions from the Federal Government so also from the Chief Minister Sindh and come up with a solution for the rehabili tation of the affectees of Gujjar Nallah and Orangi Nallah. Let such an exercise be done and a report, in this regard, be submitted before the Court in the next session.
CMAs Nos.625-K and 576-K/2021:
2. For reasons to be recorded separately , these applications are dismissed.
CMA No.86-K/2020 (COMM-3)
3. The Director General, Karachi Development Authority (DG, KDA) has placed before us layout plan of Kehkeshan Scheme No.5, Clifton Karachi. In the said plan, there is plot No.ST -4 under which is mentioned 'hospital'. We note that there is a private hospital by the name of Zia-ud-Din Hospital operating on this plot. The plot being amenity , which is also admitted by the DG, KDA before us the same could not have been allowed to be used for private/commercial purposes by an individual/private party/ private company . Let notice be issued to the owners of Zia-ud-Din hospital situated on plot No.ST -4, Kehkeshan, Scheme No.5, Clifton Karachi to show cause as to how a private hospital could be allowed to be operated on this amenity plot and why this hospital should not be removed, Similarly , notice be also issued to the owners of South City Hospital, who are occupying ST plot on Khayaban-e- Firdousi and running a private hospital meant for extra rich people. Let the owners appear and show cause as to why the said plot should not be got vacated to be used for amenity purposes for which it is meant.
C.M.As. Nos.86-K and 71 1-K/2020 (COMM-3)
4. DG, KDA has filed a report. Same is taken on the record. C.M.A. No.71 11-K/202 0 has also been filed in respect of KDA Scheme Kehkishan Clifton and both DG, KDA and Shehri will prepare a comprehensive report regarding plots in this scheme named Comm, as to when these plots were created, and when and how and who allotted these plots, full description of these plots and present status of each of the Comm plots be given by the DG, KDA.
5. A separate report shall be prepared by the DG, KDA about ST plots all over Karachi and in the first instance, regarding Kehkishan Clifton. Such report be filed by the DG, KDA before the next date of hearings The DG, KDA shall give status of the ST plots, their size/area, its actual use provided in the master plan and use to which it has been put. If the plots are allotted, DG, KDA shall mention the same. The manner of allotment of the plots, the person(s) to whom they have been allotted, the terms on which such allotments are made and the authority which has granted allotments.
6. To be listed in the next session.
C.M.A. No.689-K/2021( Aladin Park)
7. A report bearing No.54-K/2021 along with the photographs has been submitted by the Commissioner Karachi showing that the Court order dated 13.06.2021 has been partially complied with, in that, there are 400 shops built on Aladin Park which are in the process of being demolished and the occupants 'of the shops, who are having their merchandises in them have been asked to remove the same from the shops. It is also stated that Pavilion Club is also in the process of demolition. Commissioner Karachi and Director General Anti-encroachment seek more time to fully implement the order dated 13.06.2021. A week's time is allowed to them to make compliance.
8. Let further report be submitted by the Commissioner Karachi after one week. The Commissioner Karachi will ensure removal of all encroachments/buildings which are unauthorized, including Pavilion Club and shops from Aladin Park, take over possession of the said park and maintain it by putting into use for which it was originally meant. The Aladin Park shall remain in possession of the Commissioner Karachi. No part of this shall be allowed to be occupied or used by any other person or company by whatever name. The order of auction of this park by official assignee stands recalled.
C.M.A. No.770-K of 2020 (Supply of water)
9. Chairman, WAPDA has appeared and filed a report about K-IV Project for supply of additional water of 650 MGD to Karachi. He states that consultant for the project has already been appointed and all plans/drawings have been prepared and now it is to be executed by the contractor . He states that the whole project is going to be completed within 22 months i.e. by October , 2023. He has issues regarding 'right of way' with Government of Sindh. Learned Advocate General Sindh has assured that there would be no obstruction in this regard.
10. So far as the next point with regard to flow of funds is concerned, it is stated by the Chairman, WAPDA that 50% of the cost of K-IV Project is to be borne by the Federal Government and the remaining 50% by the Government of Sindh. Both the learned Attorney E General for Pakistan so also Advocate General Sindh state that they will instruct their respective Governm ents not to create obstruction in the flow of funds for completion of K-IV Project by the W APDA and ensure that this very project is not delayed at all.
C.M.A. No.510-K of 2021:
11. Notice.
No.941-K of 2020:
12. Commissioner , Larkana is in attendan ce. He has filed a report in which he has stated that Harmain hotel has been constructed on Sessions Court Road in Jacobabad and it is in the process of being demolished as the same has been constructed on the government land meant for educational use. The applicant of C.M.A. No.941-K/2020 has also referred to six other properties of government vide para 6 of the C.M.A. a ground of Government Girls High School Jacobabad which is encroached by Abdul Baqi Abro, Clerk of Education Department Government of Sindh. Third property is the Ghora Hospital which is located opposite Zila Counsel, District Council Road, Jacobabad has been encroached by a private school by the name of Saint Jhon Grammar School and College Jacobabad and is said to be encroached by an M.P.A. Mumtaz Jhakrani, who has built his house on it and is called Zain House.
13. The District Police Officer, Jacobabad was stated to be present in the Court but when the matter is called, is not in attendance. He shall not be paid/allowed any TA/DA. No TA/DA shall also be payable to the D.S.P . Jacobabad who was not called by the Court. Further , District Police Officer, Jacobabad shall give his explanation as to why he was not present in Court when the matte r was called. Copy of this order be sent to Inspector General of Police Sindh for compliance.
14. The Commissioner Larkana, Deputy Commissioner Jacobabad as well as District Police Officer Jacobabad shall ensure that the properties mentione d in the application are properly examined as per record and put to the use for which they are meant. No untowar d incident should be allowed to take place by the officials and ensure that the matter regarding these properties is settled. A report in this regard shall be filed by the Commissioner , Larkana as well as the Deputy Commissioner , Jacobabad.
15. Re-list in the next session.
C.P. No.599-K of 2020 (NA WAB SHAH)
16. Let a notice be issued to the Advocate General Sindh for a date in the next session.
C.M.A. No.510-K of 2021
17. Let a notice be issued to the Advocate General Sindh for a date in the next session.
C.R.P . No. 15-K/2021 and C.M.A. No.906-K/2020
18. Mian Raza Rabbani, ASC has sent an adjournment application. Allowed. Adjourned.
C.M.A. No.714-K/2020 and C.P . No.92-K and 93-K/2020
19. Khawaja Shamas-ul-Islam, ASC has sent an adjournment application. Allowed. Adjourned.
20. All the remaining matters shall be taken up in the next session.