Pakistan: Supreme Court orders clearance of pavement encroachments outside govt, private offices

Supreme Court issued a directive on Thursday, commanding both private entities and governmental bodies at provincial and federal levels to clear all encroachments on pavements for security purposes within a strict three-day timeframe, Dawn reported.
The order was handed down during a session presided over by Chief Justice of Pakistan Qazi Faez Isa, accompanied by Justices Jamal Khan Mandokhail and Naeem Akhtar Afghan.
The case stems from a 2010 petition filed by former Karachi mayor Naimatullah Khan, seeking the court’s intervention to reclaim amenity plots from “land mafia and political parties” in the city, as per Dawn.
Additionally, the court addressed approximately 145 other cases related to encroachments on public spaces, illegal constructions, and the unauthorized conversion of residential properties into commercial ones.
According to Dawn, after the proceedings of the Gujjar, Orangi, and Mehmoodabad nullah cases concluded for the day, Justice Isa remarked that the government had a greater responsibility to answer for any encroachments by it.
He said pavements outside the Governor House, Chief Minister House, Naval Headquarters, rangers headquarters, and SC were all encroached on by the government, adding that he had gotten all such constructions removed from outside the apex court’s Karachi registry.
“Do you have a right to close off the pavements?” CJP questioned an additional advocate general of Sindh, to which the latter replied, “No, but these [encroachments] are made to ensure security [of these offices and buildings] from threats of bombs.”
As per Dawn, Justice Isa next asked, “So the public can be attacked, but you should remain safe. What kind of law is this?”
The chief justice subsequently directed that all pavements outside provincial and federal government authority offices and private entities should be cleared, or the court would issue contempt notices to those who blocked them.
He said that pavements were meant for pedestrians, and if the authorities wanted to barricade access to their buildings, then they needed to do it inside their premises.
“They do it outside because how can they let anything happen to their lawns,” CJP Isa remarked.
He emphasised that barricading around the world was done inside buildings, while “pavements are for the public.”
“If law enforcement agencies are so scared, then they should leave these places and make their offices in remote areas,” CJP Isa added.
The Sindh advocate general assured the court that the government would remove all encroachments from pavements.
Addressing the advocate general and the federation, CJP Isa said, “It is unfortunate that encroachments are made by those who are paid by the public exchequer. You are here to serve the people, not protect yourself.”
Dictating the order of the day, Justice Isa, directed all land-owning agencies to remove all encroachments from pavements within three days.
After three days, he said encroachments should be demolished by the relevant authorities, adding that the cost of that exercise would be paid by the most senior officer in the building at fault.
Karachi Metropolitan Corporation counsel Umar Lakhani provided assurances to the court regarding the clearance of all encroachments on pavements adjacent to the 106 roads falling under the jurisdiction of the corporation.
Following this development, the case was adjourned until tomorrow.