ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

C. P. No. D – 3528 of 2013

along with

C. P. No. D – 875 of 2002

C. P. No. D – 3120 of 2011

C. P. No. D – 2944 of 2013

C. P. No. D – 2194 of 2014

C. P. No. D – 3730 of 2014

C. P. No. D – 1179 of 2015

DATE ORDER WITH SIGNATURE OF JUDGE

Application in disposed of case

1. For further orders

2. For hearing of CMA No.1667/2016 (151 CPC)

order sent to AAG , District Judge and SSP Sukkur

compliance report received and filed

16.05.2018

M/s Achar Khan Gabole, ShahzadoDreho, Shafqat Raheem Rajput and Abdul NaeemPirzada, Advocates for the petitioners.

Mr. KhudaBuxChohan, Advocate along with Pir Wahid Bux, Municipal Commissioner Sukkur Municipal Corporation

Mr. Ahmed Ali Shahani, AAG Sindh

along with Khalid Ahmed Jatoi, Taxation Officer, Noman Ahmed, Assistant Engineer, Muhammad Ashraf Ansari, Office Superintendent, Syed Manzar Zia, Anti-Encorachment Officer, JavedAkhtar, Assistant Director Parks, Barkat Ali Khaskheli, Sub-Engineer, Abdul JabbarShaikh, Assistant Taxation and Shah Nawaz Charan, Mukhtiakar (City) Sukkur.

-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-

Municipal Commissioner Sukkur through his advocate Mr.T.David Lawrence has today filed progress report, in which the progress made so far in respect of each park of Sukkur City is mentioned.

2. However, learned counsel for the petitioner has expressed his reservations about the report, particularly with regard to Bin Qasim Park. It is expected that Sukkur Municipal Corporation (SMC) while removing the encroachments will exercise its jurisdiction properly and the anti-encroachment drive should be across the board under a uniform policy.

3. At this juncture it is necessary to clarify that those persons and entities to whom SMC at different times has allocated / allotted specified areas only for providing recreational activities, such as play land for children or tuck shops, with specific conditions in the agreement that constructions should be of temporary nature and can easily be removed, should be dealt with separately and in terms of the respective agreements between SMC and the said party. In this regard, the legal team of SMC before the next date of hearing will prepare and file a draft policy for future allotment of the above category of areas to different persons:-

· The proposed policy should contain, inter alia, a format for license agreement and the reasons or the object for allotting such an area in a park. The proposed policy should also contain the provision that only a certain ratio of an open space in a public park can be allotted / licensed out to a person / party for a specified period.

· This policy will be applicable to all the public parks which fall within the domain and jurisdiction of SMC.

· The allotment of a park space in a particular park for recreational activities such as children play land should be made for those parks having a large open space and not for every park because if an open area of a Park is reduced due to such allotment, then it would defeat the very object of a public park; to provide healthy environment to public at large and to people of near vicinity, in particular.

4. The policy about the allocation of areas of parks should be made in the light of the observations made hereinabove and keeping in view the judicial precedents on the issue involved, particularly the well-known judgment of Ardeshir Cowasjee and 10 others vs. Karachi Building Control Authority and 4 others, handed down by the Honourable Supreme Court and reported in 1999 SCMR 2883.

5. Respondent / SMC shall also submit a Report on or before the next date of hearing, highlighting their decision about those persons / allotees to whom different areas in parks have been allotted and whether or not these persons are complying with the terms and conditions of the agreement. In case a violation is reported in the above Report, then action may also be taken against those persons but once that report is examined by this Court. It is clarified that the above is not for those occupants who are occupying any area of the park / parks without any written sanction / agreement or order by the respondent / SMC.

6. All the parties and their learned counsel present today agree that to ensure the continuity of present anti-encroachment drive and to maintain the good condition of these public parks for the benefit of the public at large and citizens of this city, an Oversee Committee may also be formed. Thus we direct that an Oversee Committee should be formed under the supervision of Commissioner Sukkur Division (Sukkur) who will be assisted by Municipal Commissioner, Sukkur Municipal Corporation and Deputy Commissioner Sukkur. The SMC shall ensure that after removal of encroachments, the lands of these subject Parks shall be developed on top priority into good quality public parks for the benefit of general public.

7. Respondents Sukkur Municipal Corporation is under an obligation to ensure good supervision, maintenance and beautification of the public parks which come under its domain and jurisdiction.

8. Under the Sindh Local Government Act 2013 (SLGA), Sukkur Municipal Corporation is required to ensure public safety, inter alia by maintaining a Fire Brigade department. The Respondent SMC is directed to submit a report about number of Fire Brigade Stations at what places they exist in the Sukkur City and their operational capability. There should be specific information that what steps SMC has taken for improving public safety.

Copy of this order be communicated today to the :-

1. Commissioner Sukkur Division Sukkur.

2. Municipal Commissioner Sukkur.

3. Mr. T.David Lawrence Advocate for Sukkur Municipal Corporation.

4. Learned Additional Advocate General Sindh.

By consent, adjourned to 30.05.2018 at 11:00 a.m.

JUDGE

Irfan/PA