C O L U M N S

The July 31 judgment of the CJP led to a reorganisation of the judiciary. We now have nine judges in Sindh. We also have a turf war boiling over between the political parties that govern the city and those that govern the province and the issues are moving in and out of the high court.

The post of nazim of the city of Karachi has so far been held by two individuals, energetic Naimatullah Khan who, thwarted as he was in his efforts to work for the city, achieved much in his tenure, setting the benchmark for the way the city should be administered. His energy was contagious and the younger equally energetic Mustafa Kamal has continued to develop Karachi and help the residents of this overpopulated city. He now finds, as did his predecessor, that he is not allowed to further attempt to care for Karachi.

Since the formation of the last provincial government Mustafa finds himself stuck between his own greedy party and the equally greedy Government of Sindh (GoS) on the one issue that each political party hopes to exploit — the land comprising the city of Karachi.

With the various individuals eager to keep their trotters in the trough, the city has become a patchwork quilt in terms of ownership with some 10 different government agencies owning and administering its land. The infighting often ends with allotments and sales being made to unsuspecting third parties by each authority, and the matter then proceeds to the high court in an effort to resolve the right to dispose. Cases linger on for years to the detriment of the people.

On July 19, the GoS issued a notification stopping all local governments including the City District Government Karachi (CDGK) from selling any type of land.

Section 14 of the Sindh Local Government Ordinance 2001 reads: ‘On the commencement of this Ordinance, the administrative and financial authority for the management of the offices of the Government specified in Part-A of the First Schedule set up in a district shall stand decentralised to the District Government of that district.’

Land Revenue is clearly mentioned in Part A of the First Schedule of the ordinance. It now becomes clear as to why each provincial government is unhappy with its respective local government ordinance. Their very right to earn revenue in the only manner governments know (by selling land) has been usurped by a piece of legislation. So, why not issue a notification to override a statute?Nazim Mustafa Kamal filed a petition in the high court of Sindh at Karachi. Notice was issued to the GoS and before a reply was filed the governor, chief minister, local government minister and other ministers from the MQM urged the CDGK to resolve the matter amicably and withdraw the petition.

This is the second time in four years this has happened. The first time was when Mustafa in 2008 attempted to enforce his authority over the KBCA and the KWSB. There will be no third time. The notification indicates the writing is on the wall for Mustafa Kamal and his valiant efforts to develop Karachi.

But, and it is a big but — it is alleged that the nazim has been illegally disposing of amenity plots (for purposes other than amenity) for both revenue and for re-establishing demographic voting patterns in Karachi. So far some 60 such plots have been auctioned and scores distributed allegedly to party supporters. A partial list has been provided to Chief Justice Osmany, pointing out that both the notification issued by the GoS and the petition filed by the nazim are attempts to settle party scores by misusing the judicial process, concealing the fact that both parties are squabbling over the spoils — city land. Section 18.4 of the Karachi Building & Town Planning Regulations, 2002, is clear: ‘No amenity plot reserved for the specific purpose shall be converted or utilised for any other purpose.’

The list of misused amenity plots is attached to the letter dated Aug 6, 2009 written to the Chief Justice by Shehri, the NGO that never ceases to fight for the rights of our citizens. It reads: ‘We were in the process of coming to the High Court yesterday to file the attached statement in CP 1550/09 when we learnt that the CDGK had withdrawn the petition [intending to return if satisfaction was not obtained out-of-court].

‘The issues being contested in the case are of critical public interest involving as they do disposal of public land in Karachi. Our stand in the matter is explained in the attached statement.

‘We earnestly request you to take up the matter in the public interest in order to stem the rot that is mushrooming owing to the gross negligence of both the provincial and city governments to protect and properly utilise public land [amenity plots].’

If action is not urgently taken, land designated for amenity purposes, such as parks, playgrounds, hospitals, libraries and other public buildings will continue to be illegally auctioned or occupied. The court will be more inundated than it already is with petitions filed in the public interest. We can but hope that Chief Justice Osmany will convert the above letter and its attachments into a petition and stop the ongoing game in hand.

By Ardeshir Cowasjee