Removal of encroachments

Since controversy had already been settled in court proceedings, present proceedings appeared to be merely an attempt to circumvent the earlier round of proceedings

Constitutional petition was disposed of with direction to authorities to ensure that subject property which was stated to be reserved specifically for use of Mosque should be regularized in accordance with Karachi Building and Town Planning Regulations, 2002 and the premises presently lying sealed, should be de-sealed only on the assurance of the management to use the subject premises exclusively for the purpose that was earmarked in the Master Plan of the area concerned

Any controversy as to the management, right or title to run the management of the Mosque, could not be decided in constitutional petition

Order accordingly.

Petitioner sought direction against official for removing encroachments on a specific public road which was causing inconvenience to public at large

Validity

High Court noted it with great concern that if menace of encroachment was not nipped in the bud, it would grow out of proportion and that would require substantial resources to remove it and at the same time it would create law and order situation

Not only the road in question was occupied thereby causing obstructions for commuters and passersby cognizable under Police Order, 2002, but public street, footpath had also been occupied by miscreants bringing the issue within the domain of authorities under Sindh Local Government Ordinance, 2001

Menace of encroachment being composite both on road and public street needed to be addressed by concerted joint efforts of functionaries under Sindh Local Government Ordinance, 2001 and Police Order, 2002, passing on the responsibility would not solve the problem; it was joint responsibility of administration under Sindh Local Government Ordinance, 2001 and Police Order, 2002, to clear public road in question and street from obstruction

High Court directed Local Government Authorities and Police Authorities to undertake jowl efforts for factual removal of obstruction/encroachment that might be found on the road and public street or footpath thereof, in planned and concerted manner extending mutual cooperation and logistics to each other

Petition was allowed accordingly.

Town Municipal Administration, Union Administration and Union Council in their respective domains are not only required to prevent and remove encroachment but also to improve and maintain public open spaces, public gardens and playgrounds

Union Council is responsible to mobilize community involvement in maintenance of public ways, public streets, culverts, bridges and public buildings, de-silting of canals and other development pursuits.