KARACHI: Barrister Murtaza Wahab announced on Wednesday that the Sindh government would bring an ordinance to decide fate of illegal buildings, and take stern action against buildings and houses who would violate the rules and regulations.
Wahab, while addressing a presser stated that a commission will be set up to decide whether a building should be regularised or not.
Wahab further stated that the PPP had presented a resolution in the Sindh Assembly, drawing the provincial government’s attention to legislate on the matter of people’s houses being demolished.
The resolution supported taking action against constructions done on waterways but desired a less stern path for illegal houses, shops and buildings where people had been living for many years, he added.
He further proposed law was the same as the one introduced in Punjab to regularise illegal buildings, with one additional para saying that the anti-encroachment drive should be stopped after the enforcement of the law until the commission decides on the matter.
“The law’s basic purpose is to protect people’s fundamental rights, I hope that we will be allowed to work so that people’s lives and properties are protected within the ambit of the law,” Wahab commented.
According to Wahab, it had been advised that a retired judge be appointed to head the commission, “just like in Punjab”. After being promulgated, the ordinance will be tabled in the assembly to get it passed, he said.
Wahab emphasised that the ordinance was being introduced in the larger interest of the people to provide them relief “in this difficult time”.
“We will at least be able to set up a system for regularising buildings and houses; if it can happen in Islamabad and Punjab [it can happen here too],” he said, expressing the hope that the opposition would not do politics on the law and resort to unwarranted criticism.
Wahab added that the resolution referred to the Sindh government and it decided to legislate in its light. Now, the draft law has been prepared and sent to Chief Minister Murad Ali Shah by the law department, adding that the chief minister would send the ordinance to the government today.
“[It is] hoped that the governor will verify it, follow the chief minister and Sindh cabinet’s advice and approve it so that it is made a law,” he stated.
He further stated that many politicians “who hold press conferences at Nasla Tower” had not supported the resolution but the PPP managed to get it passed with a majority.
It is pertinent to note that Wahab’s announcement comes days after Sindh Information Minister Saeed Ghani stated that the provincial government should be allowed to regularise buildings made in violation of rules and regulations.
Wahab while speaking about razing of Nasla Tower stated that depriving its residents of their homes was “unfair”.
“[The Sindh] Building Control [Authority] approved its commercialisation, following which a citizen approached the Sindh High Court the same year,” Wahab recalled. The citizen moved the SHC to stop the building’s construction, terming it illegal, but the court did not accept his request, he stated.
Wahab revealed that the land for that building was not allotted by the incumbent Sindh government and the property was commercialised in 2007, when Pak Sarzameen Party chairperson Mustafa Kamal was the city nazim.
Wahab further stated that the land originally belonged to the Karachi Metropolitan Corporation, and litigation was started in 1986 regarding it. In 2010, he said, the SHC ordered that the land be given to the Sindhi Muslim Cooperative Housing Society on account of payment of charges.
“I can share that order as well,” he told reporters, adding that these details showed that Nasla Tower’s residents invested in the apartments on the basis of some official documents, while adding that “it cannot happen that a building on One Constitution Avenue in Islamabad, where the elite live, is regularised and buildings where common people reside are not regularised.”
He further stated that any structure constructed on a waterway should not be regularised. “But if a building has been constructed on one due to someone’s mistake, the structure then belongs to the state.
When asked whether the Sindh Local Government (Amendment) Bill, 2021 could be challenged in court, Wahab stated the relevant court could surely adjudicate on it, while adding that “if it is challenged and struck down, local government elections [in the province] will be delayed.”
It is pertinent to note that the bill, which was passed by the Sindh Assembly last week amid fervent protest by the opposition, takes away functions of education and healthcare from municipal bodies and replaces open ballot for the election of mayors, deputy mayors, etc, with secret ballot. It also abolishes District Municipal Corporations in urban parts of the province, replacing them with Town Municipal Corporations.
Later, the opposition parties in the Sindh Assembly have unanimously rejected the provincial government’s bill and vowed to challenge the move in the apex court.
Wahab, while speaking on the matter criticised the Muttahida Qaumi Movement-Pakistan by stating that challenging the bill in the court would make it evident that those who accused the PPP of trying to delay local government elections were themselves finding an “escape route” out of the contest.
“They repeatedly expressed support for this system, saying that it will lead to the devolution of power,” Wahab added, without naming any party. “They now want to challenge this system?”
Wahan stated those criticising the law supported the town system introduced in Karachi during the tenure of former military ruler retired Gen Pervez Musharraf, when the entire city was treated as a single district and was bifurcated into 18 towns.
He further said that by appointing elected mayors as the heads of departments such as the water board, the Sindh government was empowering the institution of the mayor. “Are we doing anything wrong?” he asked.
“I am not in favour of the system of making every road in the city commercialised”, he concluded.
