Law: Constitution of Pakistan, 1973

Section: 184(3)

Constitution of Pakistan--- ---Art. 184(3)---Matter regarding encroachment over Gujjar Nallah and Orangi Nallah (rain water drainage streams)---Removal of encroachments in and around the nallahs on the directions of the Supreme Court---Plea of interveners that they held leases for the land of nallahs and were not encroachers---Held, that the interveners failed to show under what authority of law and rules the purported leases had been given; they were also unable to establish from the record that any Scheme was floated by the Provincial Government or by relevant Development Authority or Metropolitan Corporation or by the City District Government making public announcement of allotment of nallahs land to the people---Width of the nallahs had been critically diminished by making constructions---By doing so, whole area from which the nallahs were to receive the rain water had been blocked causing flooding/accumulation of water and secondly, the very capacity of the nallahs were brought to a state where there was no space for allowing the nallahs to drain the water---Provincial Government had already announced compensation for those ejected from nallahs land and made a statement that the affectees would be accommodated in a Government Housing Scheme---Supreme Court observed that such statement of the Provincial Government was reasonable and should be accepted by the occupants, and that there was no reason anymore for the interim injunctions, stay and status quo orders passed by the Tribunal, Anti-Encroachment in favour of encroachers/occupants of nallahs lands to continue---Supreme Court directed that all such interim injunctions, stay and status quo orders were recalled andvacated and suits filed in the Tribunal, Anti-Encroachment were accordingly disposed of---Order accordingly. ORDER GULZAR AHMED, C.J.--- In the monsoon of 2020, there were rains in Karachi. The rains had flooded practically every area of Karachi and life was brought to stand still, and the people of the City suffered grave miseries and precious lives were lost. The main cause of prevalence of this situation in Karachi was chocking of all major and minor Nallahs meant for draining of storm water.…

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