The citizens of Karachi often find themselves to be victims of rampant commercialism these days which is increasingly making their lives miserable with each passing day. The powerful construction mafia is out to grab every inch of the metropolis and convert it into a money making venture at the expense of the recreation venues, parks and other places of public relaxation.

The 25 million people of the sprawling metropolis have haplessly witnessed their beloved city of lights gradually turning into a land of concrete and glass, especially over the past three decades. The construction mafia have not even spared the sea which provides so much joy and pure recreation to the Karachiites after a hard day’s work or a tough week.

However, some concerned citizens have finally decided that enough is enough and they will not let the mafias ruin the sea front. Some prominent citizens of DHA and Clifton have stood up to pose a legal challenge to the reclamation of sea along the Clifton beach and the commercial use of the public space.

The legal battle for halting reclamation of land from sea along Clifton beach commenced in October last year when one Farhan Wazir and his friends approached the Sindh High Court under the Whistleblowers Protection and Vigilance Commission Ordinance 2019 against DHA, Karachi Port Trust (KPT) and various cantonment boards as well as some government official to bring to fore their illegalities in reclaiming seashore lands and use of public space for commercial activities.

Justice Zafar Ahmed Khan, in order to ascertain the claims made in the lawsuit, had appointed an official assignee of the court for compilation of a report.

The official assignees with the help of renowned architect Marvi Mazhar prepared an interim report which pointed out that detailed geographical (satellite) map recording showed gradual reclamation of land through time (1984-2020) and its impact leading to coastal erosion and temporal shoreline changes resulting in floods, surge in storm, rise in sea-level, sand transportation towards neighboring areas, destruction of natural habitat of sea life and coral reef as well as the mangroves.

The court on request of the official assignee directed DHA to share the title deeds of reclaimed land in their occupation besides the land sold out to M/s. EMMAR Karachi and HRM Water Front Project.

Against such orders of the single bench, the DHA and other respondents filed an intra court appeal pleading that the single bench without hearing their applications challenging maintainability of the lawsuit issued certain directions to them on official assignee’s report.

A two-member bench headed by Justice Aqeel Ahmed Abbasi, while disposing of the intra-court appeals, held that without deciding applications challenging the maintainability of lawsuit, directions given by the single bench to the official assignee shall not be implemented and no adverse inference be drawn from such directions.

While Justice Zafar Ahmed Khan was still hearing objections of the DHA and other defendants’ counsel on maintainability of the lawsuit, the roaster of the court was changed and Justice Ahmed along with several other judges assigned to hear cases on the appellate side.

In the last hearing of the lawsuit, Justice Ahmed observed that he had little time left to hear the lawsuit after sitting in a division bench.

The counsel for DHA and EMMAR pointed out that lawsuit was returned by another single bench where it was fixed with the direction. But since it was a partly-heard matter, it should be fixed before the same judge who had heard it earlier.

They pleaded Justice Ahmed to refer the matter to Chief Justice for fixing the lawsuit before another single bench.

However, counsel for the plaintiffs insisted on hearing of the case by Justice Ahmed who according to him had already heard it extensively.

While Justice Ahmed has yet to pass an order regarding whether lawsuit would be heard by him or the matter be referred to the Chief Justice, a petition has been filed by prominent residents of DHA and Clifton including founder of Indus Valley Art School Syed Akeel Bilgrami, environment and climate change activists and human rights activists Dawar Hammed, Sara Taher Khan, Sophia Aziz Husnain and performing artist Sheema Kermani against the reclamation of sea front and the beach development project.

The petitioners submitted that an environmental tribunal had set aside the Initial Environmental Examination (IEE) approval accorded by the Sindh Environmental Protection Agency (Sepa) to the proposed commercialization of the seafront from Nishan-i-Pakistan Park to Village Restaurant (Now Clock Tower) in Phase-V of DHA.

They stated that the Cantonment Board Clifton had planned to commercialize the Seaview beach and the project proposed to be spread over 20 acres, which entailed development of one-km-long stretch of Seaview.

They said that as per the plan, eight restaurants, 15 tuck shops and 40 hawkers and street stalls would be built within the project area. “It was actually part of a plan to commercialize the beach and the CBC and DHA had been attempting this from many years, “they insisted.

The petitioners maintained that DHA and CBC had allowed construction of a shopping mall on an amenity plot near the beach and also commercialised an area adjacent to it for private car parking while the other side was being used to discharge untreated waste into the sea.

They pointed out that although the Nishan-i-Pakistan Park and the Village Restaurant were open for citizens, for quite some time various eateries were allowed to construct small and large restaurants at the area which are a cause of nuisance for the people. “The project in question would certainly restrict the fundamental rights of the citizens to enjoy the beach as the planned facilities are meant for only affluent people which is grossly unfair.”

The petitioners pleaded to declare the land at Seaview – from Nishan-i-Pakistan Park to Clock Tower – as an open natural beach free from all artificial modifications, development and constructions.

The petitioners have also asked the SHC to declare the proposed project illegal in the absence of an EIA and direct the CBC to restore the beach to its prior pristine, natural condition.

Khawja Shamsul Islam, counsel for the plaintiffs in the lawsuit being heard by Justice Ahmed, is hopeful that after the Islamabad High Court Judgment in Navy Monal sailing club case, the Sindh High Court would also rule in favour of the plaintiffs. Zubair Abro, who is pleading the petition of DHA and Clifton residents, says that a limit has to be drawn on reclamation of sea and commercialisation of city shoreline.