The Hill Park construction case took a new turn on Wednesday when an owner of the plot approached the Sindh High Court (SHC), challenging the Karachi Metropolitan Corporation’s (KMC) demolition action, and contending that his property does not fall within the Hill Park.
Through his attorney, Sohail Iqbal Siddiqui filed a petition saying that he is the lawful owner of the residential land bearing No. 39/G/4, Block 6, survey No. 35-P/11, admeasuring 500 square yards, in the PECHS area through a registered sale agreement.
His counsel said the KMC is demolishing his client’s property without jurisdiction and lawful authority, and without issuing any notice or order despite the property being within the jurisdiction of PECHS.
The counsel said the PECHS office has categorically stated that the subject property is not included in the jurisdiction of the Hill Park property and is the exclusive part of the PECHS office, affirming the ownership of the petitioner.
He said the KMC had earlier declared that the subject plot is situated within the exclusive jurisdiction of PECHS, and had issued an NOC to the petitioner for the construction of a boundary wall.
The counsel said the KMC deputy director and other staff had demolished the boundary wall of the petitioner’s property, misusing their authority, and fleeing from the scene when the petitioner called the police.
He said the petitioner is having serious apprehension as KMC officials are issuing threats to the petitioner to further demolish the subject property of the petitioner and implicate him in further cases.
The court was requested to declare the action of the KMC with regard to demolishing the boundary wall of the petitioner’s property as illegal, and to direct the Sindh Local Government Department to initiate an inquiry against the illegal act of demolishing the property of the petitioner without having any jurisdiction.
An SHC division bench headed by Justice Mohammad Saleem Jessar issued notices to the KMC, the local government secretary, the Hill Park deputy director, the KMC anti-encroachment deputy director and others, calling for their comments to be filed on the next date of hearing.
It is pertinent to mention here that a petition has also been filed with the SHC against encroachment and construction activities at the Hill Park situated in the PECHS area of the city.
Jamaat-e-Islami MPA Mohammad Farooq and other petitioners said the KMC had procured the issuance of a conditional NOC issued by its land deputy director, as well as another NOC issued by the land director, both pertaining to Plot No. 39-G-4, Block 6, PECHS, ostensibly permitting construction / boundary wall work at the Hill Park.
They said that after the impugned NOCs, illegal construction activities have been commenced and are presently ongoing at the Hill Park, including excavation work, the erection of boundary walls and allied construction operations.