SHC warns against unlawful construction on storm-water drain

September 29, 2014 Off By Web Desk

KARACHI: The Sindh High Court (SHC) on Tuesday warned relevant authorities against converting storm-water drain, Nehar Khayam, at Clifton, into plots and allowing construction of any kind on them.

A division bench was hearing a petition filed by Amina Jilani, a resident of Clifton area, who approached the court against KMC authorities for unlawfully converting storm-water drain, known as Nehar Khayam, into plots to be used for commercial and residential purposes.

The petitioner submitted that she had purchased a plot in KDA Scheme No 5 only because of presence of amenity land, adding that according to master plan of the scheme, amenity land was earmarked for storm-water drain.

She recalled that back in 1990, the city district government intended to generate revenue by selling this amenity space in violation of the related laws, adding that at that time eight plots along with two corner plots were carved from the storm-water drain but the KMC had to cancel unlawful conversion when certain aggrieved parties challenged it in the court.

She told the judges that once again unlawful construction was under way on the storm-water drain which was being filled with sand. She argued that a piece of land earmarked as amenity plot cannot be used for purpose other than amenity, adding that use of plot for other purposes is blatant violation of the building and other related laws. Therefore, she requested the court to declare this conversion as illegal and direct KMC to desist from indulging in such illegal practices.

After preliminary hearing, the court had restrained the KMC from converting amenity space into plots till further orders.

During hearing on Tuesday, the court was informed that despite its restraining order, construction work was underway and this fact was also confirmed by the report of court official who was appointed to carry out physical inspection of the drain.

The court warned that in case of any kind of construction work, including filling, digging or excavation, was carried out. The concerned authorities will be held responsible and they may face contempt proceedings.

The hearing of the case was adjourned till October 21.

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