P L D 2021 Supreme Court 743 (PLP)

GULZAR AHMED, C.J.

In the monsoon of 2020, there were rains in Karachi. The rains had flooded practically every area of Karachi and life was brought to stand still, and the people of the City suffered grave miseries and precious lives were lost. The main cause of prevalence of this situation in Karachi was chocking of all major and minor Nallahs meant for draining of storm water. Another reason was that most of the Nallahs' land were encroached and occupied and pakka constructions on them were made. It was on this account, the Court passed order dated 12.08.2020, with the concurrence of Sindh Government, the National Disaster Management Authority (NDMA) was asked to clean all three major Nallahs in Karachi City. It was also noted that some 38 big Nallahs and 540 small Nallahs, which as per statement of the learned Advocate General, Sindh were also entrusted to NDMA to undertake their cleaning work. The Court, therefore, directed the NDMA to undertake the work of cleaning of Nallahs in the Karachi City and also directed that all encroachments in and around these Nallahs be removed and Sindh Government shall provide all necessary assistance and support to the NDMA for rehabilitation of people dislocated on account of the removal of encroachments.

2. It seems that pursuant to the passing of the said order, encroachers/occupants of Nallahs' filed proceedings before the Tribunal Anti-Encroachment, Karachi (the Tribunal) in which the Presiding Officer of the Tribunal passed the interim orders of stay, injunction and/or status quo. Such has been brought to the notice of this Court by filing of C.M.As. Nos.441-K and 687-K of 2021 in which the list of cases filed before the Tribunal and the orders passed by it have been attached.

3. It appears that the Sindh Government had issued Notification dated 02.01.2021, whereby pursuant to the decision dated 28.12.2020 of the Provincial Coordination and Implementation Committee (PCIC), the Rental Support Verification and Disbursement Committee (RSVDC) was constituted for the affectees of the Nallahs at Karachi, providing for disbursement under the supervision of Administrator Karachi, an amount of Rs.15,000/- per household for two years. Public notices were also published in the newspapers, where all the encroachers/occupants were informed to vacate the premises as NDMA would commence demolition of the constructions.

4. Learned counsel for the interveners has contended that the interveners hold leases of the land of Nallahs and are not encroachers.

5. We do not tend to agree with the submissions of the learned counsel for the interveners. The interveners have failed to show under what authority of law and rules the purported leases have been given. Learned counsel was also unable to establish from the record that any Scheme was floated by the Sindh Government or by KDA or by KMC or by the City District Government making public announcement of allotment of Nallahs' land to the people. We note that width of the Nallahs had been critically diminished by making constructions. By doing so, whole area from which the Nallahs were to receive the rain water have been blocked causing flooding/accumulation of water and secondly, the very capacity of the Nallahs are brought to a state where there was no space for allowing the Nallahs to drain the water. Measures were, therefore, adopted, as noted in the order of this Court dated 12.08.2020, to which learned counsel for the interveners has no cavil. His only emphasis was that the occupants, who will be ejected from the Nallahs' land, are provided reasonable compensation and also a reasonable rehabilitation.

6. Learned Advocate General, Sindh in this respect has made a statement that the Sindh Government has already announced compensation and also that the affectees will be accommodated in the Federal Government Housing Scheme at Karachi.

7. In our view, such a statement of the learned Advocate General is reasonable and should be accepted by the occupants and we see no reason as to why the interim injunctions, stay and status quo orders passed by the Tribunal, are allowed to continue and thus, all such orders of the Tribunal are recalled and interim injunctions, stay or status quo orders are vacated. The suits filed in the Tribunal in respect of Gujjar Nallah and Orangi Nallah also stand disposed of. Copy of this order be communicated to the Presiding Officer of the Tribunal Anti-Encroachment, Karachi. C.M.A. is dismissed. MWA/S-28/SC Order accordingl