2017 PLP 250 (YLRN)

SAJJAD ALI SHAH, J.

The petitioner through instant petition seeks an order from this Court restraining the Respondent No.1 from constructing the proposed building/police station adjacent to KESC Power Station Building situated on Plot No.ST-1, Block No.1, KDA Scheme-5, Clifton, Karachi and a direction for removal and demolition of any construction so far raised on the stated place. Mr. Salahuddin Ahmed, learned counsel appearing for the Petitioner contends that the Respondent No.1 has started raising construction of a building to be used as a police station on a public thoroughfare in blatant violation of law as no construction can be raised on a public open space designated as thoroughfare. It was next contended that the intended construction of the building for the use of a police station is without approved plan or permission from SBCA. Mr. Salahuddin in support of his contention that the construction is being raised on a thoroughfare has placed reliance on the Revised Layout Plan in respect of Kehkashan, KDA Scheme No.5, Clifton, Karachi. Mr. Anwer Mansoor Khan, learned counsel appearing for the Respondents vehemently argued that no construction is being carried on a public thoroughfare, it was contended that the construction is being raised on a designated plot No. ST-1/1, which has been carved out by reducing Plot No.ST-1 which was allotted to KESC Power Station. Counsel further pleaded that inspection could be carried out in order to find out as to whether the Respondents are raising construction on public thoroughfare or on a designated plot. Syed Sultan Ahmed, learned counsel appearing for the KMC, denied the creation of ST-1/1 after reduction of ST-1. According to him, ST-1 admeasuring 3,384 square yards was allotted to the KESC and its .possession was handed over on 13.8.1984 which plot is still intact and is in possession of the KESC. According to the counter-affidavit filed by the KMC, plot ST-1/1 looking at the dire need of the vicinity was created somewhere in the year 2010 at the request of Sindh Police and was handed over to the respondent accordingly. We have heard the petitioner and the learned counsel for the respondents and have perused the record. There is no formal allotment order with the Respondent Sindh Police in respect of ST-1/1, on which the construction of Police Station is being carries out. The only documentary evidence to prove their entitlement to raise construction across Sachal Sarmast Chowk also known as Ziauddin Hospital round about at Shireen Jinnah Colony is a letter dated 28.10.2010 of the CDGK stating availability of Plot No. ST-1/1, admeasuring 1026 square yards, Block-1, Scheme-5, Clifton, Karachi and ex-gratia grant (without a formal request) for establishing a Police Station on account of pressing need to maintain law and order situation after opening of Benazir Bhutto Park and Ziauddin University Hospital. Rest of the documents placed by the Sindh Police along with their counter affidavit are of no consequence being for internal use for the purposes of planning and development. The response submitted by the erstwhile CDGK now KMC reflects that on the request of Additional District Officer (W&S) site plan in respect of newly created plot ST-1/1, Block-1, Scheme-5, Clifton, Karachi for establishment of Police Station was drawn with the condition (that specified land will not affect/disturb road/right of way). It appears that KMC instead of justifying the creation of the new plot by asserting that additional space was available in the layout plan has tried to justify the dire need of the day for establishing a police station at the specified place. However, the stance of Mr. Anwer Mansoor Khan that plot No. ST-1/1 has been created out of Plot ST-1 is neither acknowledged by KMC nor is reflected from the documentary evidence placed on record. Plot No. ST-1 in accordance with the documentary evidence placed before us admeasures 3384 square yards which was allotted to KESC in the year 1984 and is in their possession duly bounded with the high walls. In view of this position, we with the assistance of all present have minutely scrutinized the lay out plan of Kehkashan, KDA Scheme No.5, Clifton, Karachi where the subject plot was created. The KMC further provided magnified marked portion of the crossing where the subject plot has been carved out, reproduced below:

As per layout plan, if one moves on Shahrah-e-Ghalib from Bar B Q Tonight round about, (towards Ziauddin Hospital University), the second round about would be at the crossing of Shahrah-e-Ghalib and Shahrah-e-Bedal which is known as Sachal Sarmast Chowk. On the North side of Sachal Sarmast Chowk Plot ST-1 of KESC is situated and adjacent to Plot No. ST-1 of KESC there is a service road and thereafter a Green Belt and then there appears to be quite sufficient space in between Green Belt and Sachal Sarmast Chowk. The roundabout is quite big and diagonal in shape, its length is 95 feet and from the side of Shahrah-e-Bedal the distance between the Green Belt and round about is 105 feet whereas from other side one of which touches Ziauddin Hospital and other Plot No. ST-1, the distance between Ziauddin Hospital and the roundabout is 90 feet, whereas from Plot No.ST-1 of KESC there is a service road of 24 feet then a Green Belt of almost 8 feet and thereafter is the main road the width whereof from the corner of the roundabout till Green Belt is 90 feet. The Respondents have created this plot ST-1/1 in between Plot No. ST-1 of KESC and Sachal Sarmast Chowk by eliminating the service road and Green Belt and some portion of the road. Since it is a spacious roundabout with service roads and Green Belt on three sides with the exception of Ziauddin Hospital corner, which perhaps has prompted respondent for carving a plot. There cannot be any other conclusion that such creation of new plot of course is on the public thorough way which has reduced the width of the roundabout which ultimately would create traffic congestion. We are fully conscious of the fact that a decent working environment in the shape of a separate building is required for housing, a police station instead of housing police station in small rooms of a building, that too on temporary basis but at the same time we cannot allow the construction of a police station on a public thorough way. Since we have reached to a conclusion that the construction of police station is on a public thorough way therefore, we while allowing this petition by annulling the creation of Plot No. ST-1/1 restrain the Respondents from constructing the building of police station on the so-called Plot No. ST-1/1 and further direct them to remove the construction so far raised. ZC/S-9/Sindh Petition allowed.