SHC issues notice to KDA, KMC over plea against misuse of public ground

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The Sindh High Court (SHC) has issued notices to the Karachi Development Authority (KDA), Karachi Metropolitian Corporation (KMC) and others on a petition against installation of a batching plant and placing of heavy machinery at a public park in the North Nazimabad area.

Petitioners Mohammad Ameen Khan and others had submitted in their plea that they were residents of Block H and L of North Nazimabad and being aggrieved by the placement of heavy machinery and batching plant by the Frontier Works Organization (FWO) at the Jaifco Ground situated in Block L.They submitted that the FWO had placed heavy machinery in the park and installed a batching plant despite the fact that an amenity plot could not be used for any purpose other than amenity for which it had been reserved.

They submitted that due to the unlawful activities at the subject park, the petitioners as well as nearby residents’ life had become miserable as there was noise pollution as well as environmental pollution.They submitted that the KDA, KMC and other authorities had miserably failed to stop the activities at the park despite knowing the fact that the FWO was unlawfully occupying the park land in violation of the rights of the petitioners and nearby residents.They submitted that the FWO could not have been permitted to use the subject park land for the construction site or commercial purpose without proper proceedings under the law for change of usage and classification of the subject park land in the master plan / layout plan from amenity to a construction site and without inviting objections from the affected persons.

The high court was requested to declare the FWO’s activities at the park illegal, unlawful and void ab initio. The petitioners requested the SHC to remove the batching plant and heavy machinery installed at the park land as the same was in violations of the Karachi Town Planning and Building Regulations 2002 and fundamental rights of the petitioners.

They also requested the SHC to appoint the Nazir of the court as the commissioner to inspect the site. A division bench of the SHC headed by Justice Nadeem Akhtar appointed the Nazir of the court as the commissioner to inspect the site and submit its report on December 21.

The high court also issued notices to KDA, KMC and other respondents and called their comments on next hearing.