Save Gutter Bagicha (1017 Acre) and make it a Public Park
Plot No. K. 28/108
Gutter Baghicha forms the lungs of old karachi, the largest continuous open green space in this city of 13 million people. Located in SITE Town along the Manghopir Road, the most densely populated part of Karachi, Gutter Baghicha is a public amenity space, and it is used to be bigger – 1017 acres of greenery in the pre-independence Trans-Lyari area.
If we do not act now, we will lose what is left of this Baghicha – approximately 480 acres. With this will go the opportunity of reviving the only open space in old Karachi that can be redeveloped as a green area and made into a recreation space for generations to come. Every moment is vital.
What it Was
A Karachi Municipality map of 1892 shows that Plot No. K 28/108 is 113 years old and its surrounding area was transferred to the Karachi Municipality by the British Crown free of cost.
Its appellation of ‘gutter’ originated from storm drainage channels of Lyari River known as the Shone Drainage System. Later these channels also took the sewerage water, originating in the adjoining built up areas, which was then used to grow cereals, green fodder and vegetables. It later came to be known as the Sewage Farm.
At the time of partition, the Baghicha was referred to as ‘the largest urban forest in Karachi’. Apart from the cultivated area, there were also large tracts of natural vegetation. Old inhabitants speak of deer roaming freely and of an abundance of flora and fauna. It was a place of natural beauty, recreation, peace and quiet.
In 1969 map of Karachi, Gutter Baghicha is shown as a ‘Municipal Garden’ spread over an area of 1016.76 acres. Technically, it is still all government land, meant for public recreation.
What it Has Now Become
In the past three decades Gutter Baghicha has become less and less of a ‘baghicha’ and more and more of a ‘gutter’. According to the karachi Building and Town Planning Regulations (part II) of 1979 (page 61) and 2002 ( Reg. 19-3-4) plots like Gutter Baghicha can only be utilized for common public welfare. Growing population, unauthorized housing and the failure of government to provide sanitation systems has led to sewage from large parts of the city pouring into the Baghicha. A treatment plant, developed in 1961 to treat the sewage water, is no longer in working condition. However the storm water channels built by the British are still being used to bring water from Lyari River and wastewater from the Site industrial area and this mixed untreated water, unfit for human consumption, is illegally used for cultivation.
Memories of an Old Man
Fateh Muhammad Nazar is 75 years old. A native of old Golimar (near the Gutter Baghicha). He remembers Gutter Baghicha as a place of comfort and recreation. ” Gutter Baghicha was like a jungle while I was a child. A very beautiful jungle. We used to sit under the trees. People who came from remote places, after long journeys on foot, used to take rest under the shady trees of Gutter Baghicha before continuing to their destinations. There were also deer in the area. I remember the shooting of two films, Ladla and Jaag Utha Insaan at this location.
Nisar Baloch
A courageous and committed man was killed on 7th November, 2009 Nisar Baloch, resident of Old Golimar, hero of Gutter Bagicha, was gunned down in cold blood by the land mafia. He had spent the last two decades fighting to save what is left of an amenity park in a congested section of this unfortunate city. There are very few persons like him in Pakistan. We salute you, Nisar, and will miss you. The Shehri team & Citizens of Karachi
Story of Gutter Baghicha
The story of Gutter Baghicha is a story of greed, connivance, and land grabbing by some citizens and officials of this city, and a story of apathy and indifference by the rest of us who call this city our home. A story where the poor have had no voice and a story of deafening silence in the corridors of power.
Original Boundary Gutter Baghicha
200 ft road
160 ft road 20 ft road
Water Channel
Industries
Built-up Area
Graveyard
Open Space
Plot no. k-28/108, (1017 Acre) trans lyari
| Circa 1890 | Pre-independence Trans Lyari boasted of a large tract of open green forest space measuring 1017 acres. This was Gutter Baghicha plot No. K-28/108. It was established by the Karachi Municipal Committee and its surrounding area was transfered to the karachi Municipality by the British Crown free of cost. The mao of 1892 shows that “Plot No. K 28/108 is 113 years old i.e. cira 1877”. |
| 1913 | The Karachi Handbook describles Gutter Baghicha as an ” ….. oasis in the desert and a paradise of insects, birds and naturalists” where cereals, vegetables, fruit and fodder are cultivated. |
| 1923 | Records of a primary Sindhi School in Old Golimar show the names of children of the farm workers from Gutter Baghicha. |
| 1947 onwards | Influx of refugees from India settled in Old Golimar and the first encroachment on Gutter Baghicha begins. Katchi abadis like Asif Colony, Zubairi Colony, Hasrat Mohani Colony, Wilayatabad are established illegally over the next fifty years, on approximately 25% of the amenity space. |
| 1957 | Chief Commissioner Karachi under Notification No. 6/14/56-LSG dated 24th Jan 1957 refuses more land for the katchi abadis of Asif Colony 1&2, Hasrat Mohani Colony, but this does not stop the encroachment. |
| 1983 | Mayor Abdul Sattar Afghani proposes to establish a Sports Village in Gutter Baghicha and fixes a grant for this purpose in the KMC budget. No Sports Village on S.I.T.E. ever built. |
| 03/05/83 | By its Resolution No. 907, passed under Clause (1) of para 3 of the Martial Law Order No. 183, KMC regularizes the illegal Katchi Abadis of Hasrat Mohani, Willayatabad Colony 1&2, Yasin Zubari Colony and Asif Colony off Manghopir Road. |
For 10 years there is no news about gutter baghicha, but various activities continued to take place
| 1993 | KMC records show that KMC generates revenue of Rs. 2,460,500 per anum from Gutter Baghicha. Furthermore according to the budget for the year Rs. 40,99,301 was approved for 3 years for the construction of a Sports Comples in Gutter Baghicha, but nothing was ever built. |
| 03/01/93 | KMC Officers Cooperative Housing Society (KMC-OCHS) applies for 200 acres of Gutter Baghicha land for housing of their officer’s colony (list of promoters of the illegal scheme includes Government of Sindh officials and private builders). |
| 06/03/93 | Mr. Irshad Ahmed, Minister Local Government (Sindh) approves the proosal in principle to carve out 200 acres of allegedly “waste KMC Land at Sewage Farm, Manghopir Road” for housing purposes to KMC-OCHS @ Rs. 10 sq. yd (occupacy value) and @ 15/ sq. yd. (development charges). These throw-away rates violate Rule 15 of Sindh People’s Local Councils (Land) Rules 1975. |
| 11/03/93 | KMC Council Resolution #82 approves land lease (without auction procedure) in Gutter Baghicha to KMC-OCHS for 99 years for residential purposes. This is a violation of Section 45 of SLGO 1979. |
| 11/04/93 | On a summary seeking approval of the Chief Minister, the Chief Secretary Syed Sardar Ahmed opines “…. it would be unfair to convert the open park/farm into housing society. May be regretted.” This summary never reaches the CM Syed Muzaffar Hussain Shah. |
| 06/06/93 | KMC advertises auction of industrial plots in Gutter Baghicha @ Rs. 1000/sq. yd. reserved price. |
| 15/07/93 | Without mentioning previous unfavorable remarks, fresh summary is floated to Chief Minister Syed Muzaffar Hussain Shah (after 3 days, Chief Minister Syed Muzaffar Hussain Shah government dismissed), by-passing CS, Syed Sardar Ahmed by Local Government department whose minister was Mr. Irshad Ahmed and Administrator KMC Mr. Alauddin Sabir, which amounts to “cheating and concealing of facts”. |
| 25/07/93 | Government of Sindh accords approval u/s 45(5) (i) of SLGO 1979 to KMC Council Resolution #82 dated 1182 11-03-93 |
| 19/08/93 | Lease deed for 200 acres executed without receiving full payment (Rs. 11 million still outstanding to date). |
| 23/08/93 | Shehri-CBE flies Human Rights Case 6-K/93 under Article 184(3) of the Constitution in the Supreme Court of Pakistan against conversion of Gutter Baghicha amenity land to industrial, residential and commercial use, fearing consequential deterioration in the environment. |
| 14/09/93 | Justice Saleem Akhtar of the Supreme Court of Pakistan, orders KMC to stop sale or transfer of leasehold rights through auction. |
| 27/09/93 | Five local/community based NGOs from around the Gutter Baghicha area become interveners in HR Case 6-K/93 filed in the Supreme Court by Shehri-CBE. |
| Sep., 93 | Sindh EPA recommends the Supreme Court about establishing public park on the Gutter Baghicha plot. |
| 28/09/93 | Supreme Court restraints KMC or any other transferee from transferring or selling any part of Gutter Baghicha land. The Government of Sindh is also restrained from granting approval to the illegal KMC Resolution. |
| 20/12/93 | CM Abdullah Shah announces that all Gutter Baghicha allotments be cancelled (The News). |
| 14/01/94 | Mr. Agha Shahabuddin, Secretary, Local Government floats a detailed summary giving all facts of the KMC Officers Cooperative Housing Society scam, and recommends: (a) Await result of Supreme Court Case OR (b) Cancel KMC-OCHS leases (c) Proceedings against KMC Municipal Commissioner, Mr. Alauddin Sabir and then Senior Director Land, Mr. Tanveer Ahmed Naqvi, be initiated under E&D Rules for causing loss to the council and violating approved conditions of Resolution (d) Issue warning to Administrator Alauddin Sabir for allowing execution of lease without full recovery of the dues (e) Withdrawl of Government of Sindh approval of the scheme |
| 01/08/94 | Prime Minister Benazir Bhutto orders KMC to cancel illegal allotment of 200 acres to KMC-OCHS, and directs that the Administrator KMC, Mr. Fahim-uz-Zaman, withdraw the earlier order and that Gutter Baghicha land should be used for its recreation purpose as a park. |
| 24/08/94 to 03/10/97 | 415 sub-leases are issued by KMC-OCHS in violation of Supreme Court stay order and orders of Secretary Local Government and Chief Secretary Sindh, Syed Sardar Ahmed |
| 15/10/96 | KMC-OCHS advertises in press for leveling/development of land in Gutter Baghicha |
| 14/06/97 | KMC-OCHS signs MOU with Frontier Works Organization to develop (survey, level, demarcate, lay down infrastructure) on 200 acres in Gutter Baghicha |
| 31/12/97 | Supreme Court extends stay/status-quo order given earlier |
| 1998 | Sindh EPA submits a report to Supreme Court on air quality at Gutter Baghicha and suggests: > Development of amenity facilities on the plot > Submission of an EIA under EPA 1997 > Protection from further encroachment on the plot > Monitoring of cultivation practices that are using hazardous effluents |
| 21/07/98 | Mr. Shafi Ansari, ADL (Leases) KMC, mutates Plot# PPS-12, Sheet K-28, Trans-Lyari Quarters, Manghopir Road in favour of Mr. Abdul Haseeb Khan. This plot is located on 100-feet road which is the main gate leading to Gutter Baghicha. KDA Master Plan and Environmental Control Dept. direct KBCA to have construction stopped. [to dare not done, pump operational under Shell] |
| 10/12/98 | Members of KMC-OCHS try to obtain bank loans against illegal sub-lease residents protest to State Bank. The bank stops loans grant. |
| 07/03/00 | FIR# 33/2000 is registered by Anti-Corruption Establishment u/s 218/34 PPC r/w Section 5(2) of Act-II, 1947 against 18 S.I.T.E. and KMC officials for illegal allotments to private factory owners of 8.3 acres of Gutter Baghicha amenity land. [on map this is along the 200 feet wide road bordering site] |
| 20/03/00 | The STAR exposes the scam |
| 29/05/00 | Barrister M. Naim-ur-Rehman sends legal notices to KMC, S.I.T.E. KWSB and Pakistan Rangers about their attempts to establish water hydrants in Gutter Baghicha |
| 12/09/01 | Chief Secretary’s Anti-Corruption Committee-1 directs registration of case against KMC’s ex-Municipal Commissioner, Mr. Alauddin Sabir and ex-Senior Director Land & Estate, Syed Tanveer Abbas Naqvi for the 200 acre KMC-OCHS Scam. KMC is directed to cancel allotment and report compliance |
| 20/10/01 | FIR# 56/2001 is registered by Anti-Corruption Establishment u/s 409/4677A/34 PPC r/w Sec 5(2) of ACT-II, 1947 against the two KMC officials |
| 20/10/01 | City Nazim, Mr. Naimatullah Khan, Chief Guest at a Shehri-CBE seminar, strongly proclaims that Gutter Baghicha will become a model modern park so that the people of the vicinity can have an open space for healthy activities |
| 26/11/01 | Director Anti-Corruption Establishment Karachi, through letter No. 73-CK/2001/9257-59 writes to Secretary, Local Government about the decision of the Director Anti-Corruption for cancellation of allotment of land at Gutter Baghicha |
| 01/01/02 | Nazim City Districy Government karachi, Mr. Naimatullah Khan, during a visit to Gutter Baghicha, notices water pimps being laid through Gutter Baghicha for S.I.T.E. and writes to SHO Pak Colony to have this illegal activity stopped |
| 04/05/02 | City District Government Karachi (CDGK) floats a park naming competition for 13 parks in karachi. Gutter Baghicha is shown as the only 300 acres! |
| 28/05/02 | President Pervez Musharraf, at the Quaid/s Mazar public meeting, promises to restore the glory of Karachi. He commits that Gutter Baghicha will become a garden |
| 15/06/02 | CDGK budget allocates Rs.10 lacs for the development of Gutter Baghicha (no sign of any work to date) |
| 24/06/02 | District Coordination Officer, CDGK, Mr. Shafiq-ur-Rehman Paracha, calls a meeting for the conversion of Gutter Baghicha into a garden. This is postponed to 04/07/2002 |
| 27/06/02 | Shehri-CBE and community NGO representatives meet the city Nazim, Mr. Naimatullah Khan, to offer their help with the development of the Gutter Baghicha Park |
| 27/12/02 | Shehri-CBE organizes a seminar on “Save Gutter Baghicha” at Shah Abdul Latif Bhitai Library, Old Golimar |
| 05/05/03 | EDO (Law), Mr. Manzoor Ahmed, approcahes Shehri about CDGK’s intent to resolve all outstanding issues and Shehri gives him a draft of 13 points that the government must submit as an undertaking to the Supreme Court. The DCO, Mir Hussain Ali is unable to finalize this issue before the next Supreme Court hearing |
| 29/05/03 | Supreme Court of Pakistan disposes off Human Rights case on the undertaking that CDGK is reaching understanding with Citizens and NGOs and directs CDGK to submit compliance within three months |
| 02/06/03 | Secretary to Local Government of Sindh, writes to DCO, CDGK, Mir Hussain Ali, that ACC-1 order dated 12-09-01 to “cancel allotment of land and report compliance” be done immediately |
| 04/06/03 | 50 acres of land in Gutter Baghicha is encroached upon by local Nazim, Mr. Talib Brohi of UC3, Jehanabad, S.I.T.E. Town [Gutter Baghicha now comes within the jurisdiction of S.I.T.E. Town, UC-1,2,3,4] |
| 09/06/03 | Mr. Amir Nawab, Nazim S.I.T.E. Town, protests to CDGK and Chief Secretary Sindh, Dr. Mutawakkal Qazi about encroachment |
| 20/06/03 | EDO (Revenue), Mr. Muhammad Hussain Syed, inspects the 50 acres encroachment wall and is attacked by the land grabbers |
| 25/06/03 | FIR No. 107/03 at Pak Colony PS lodged against Mr. Talib Brohi, Nazim UC-3 Jehanabad, S.I.T.E. Town |
| 26/06/03 | Mr. Shafi Ansari, Secretary KMC-OCHS writes to Mr. Amir Nawab, Nazim S.I.T.E. Town, to remove the signboard showing Gutter Baghicha Park |
| 07/07/03 | Chief Secretary, Dr. Mutawakkal Qazi, holds meeting with City Nazim Mr. Naimatullah Khan, Shehri, and other provincial & local government officials to chalk out strategy to develop a park at Gutter Baghicha |
| 07/07/03 | City Nazim, Shehri and other stakeholders meeting is put off with mutual consent as the matter has been discussed earlier in the day |
| 15/07/03 | KMC-OCHS has blocks, sand etc put on the park land. People of the area, with the help of police have the work stopped |
| 17/07/03 | EDO (Revenue), Mr. Muhammad Hussain Syed forms two committees: one for survey of Gutter Baghicha, and the other for examining legal issues involved |
| 28/07/03 | Meeting is conducted by Mr. Shahid Leghari, Deputy District Officer (Rev), S.I.T.E. Town, with CDGK Land Department officials and Shehri members and a joint survey is conducted the next day |
| 31/07/03 | Shehri writes to remind Secretary, Local Government, Government of Sindh, to implement the decision of ACC-1 for cancellation of unlawful KMC-OCHS allotment |
| 31/07/03 | Barrister Naim-ur-Rehman reminds DCO, Mir Hussain Ali and Director General, Sindh Environmental Protection Agency, about submission of compliance report to the Supreme Court |
| 02/08/03 | Meeting held between Deputy District Officer (Rev), S.I.T.E. Town, Mr. Shahid Leghari, officials of CDGK Land Department, Mukhtiarkar and Shehri members regarding Gutter Baghicha survey |
| 11,13,16 Aug, 03 | Meeting conducted by Deputy District Officer (Rev), S.I.T.E. Town, Mr. Shahid Leghari with CDGK Land Department officials and Shehri members regarding survey |
| 16/08/03 | Local Government Ministry, Government of Sindh informs Shehri that CDGK has already been directed to cancel 200 acres allotment |
| 19/08/03 | At a meeting called by EDO (Revenue) CDGK, Mr. Hussain Syed, Shehri explains the entire 13-points draft agreement on Gutter Baghicha to be submitted to the Supreme Court by CDGK |
| 22/08/03 | Shehri and area NGOs meet City Nazim, Mr. Naimatullah Khan, regarding KMC Sewerage Farm – Auction of Industrial Plots – Human Rights Case and its disposal by the Supreme CourtGutter Baghicha |
| 28/08/03 | A meeting is held between Deputy District Officer (Rev), S.I.T.E. Town, Mr. Shahid Leghari, officials of CDGK Land Department, Mukhtiarkar and Shehri members regarding Gutter Baghicha survey |
| 28/08/03 | Director, Anti-Corruption Establishment Sindh through letter No. 73-CK/2001-6030-33 writes to Secretary Local Government with c.c. to DCO, Mir Hussain Ali about the decision of cancellation of allotment of land for KMC Officers Cooperative Housing Society at Gutter Baghicha (sewage farm) |
| 04/10/03 | Section Officer (C IV) SGAD writes to city Nazim, Mr. Naimatullah Khan vide letter No. SO (CIV) SGAD CD/7-614/02 regarding cancellation decision of allotment of land for KMC Officers Cooperative Housing Society at Gutter Baghicha |
| 06/10/03 | Secretary to Local Government writes to DCO, Mir Hussain Ali, letter No. RO (R&C) ACC/13(II) 03 that action as per directive of ACC-1 dated 12-09-01, allotment of 200 acres to KMC Officers Cooperative Housing Society may please be cancelled |
| 07/10/03 | Journalists visit Gutter Baghicha at the invitation of Shehri-CBE |
| 18/10/03 | Shehri-CBE organizes an All Party Conference to save Gutter Baghicha |
| 31/10/03 | DS (Admin Enquiries & Anti Corruption Establishment) writes to additional Chief Secretary Local Government Sindh Letter No. SO (AC) 9-35/2001 regarding cancellation of allotment of land for KMC-OCHS at Gutter Baghicha |
| 10/12/03 | Brigadier (Retd) Mukhtar Ahmed Khan, Chairman, Enquiries & Anti-Corruption Establishment Service and General Administration Department, writes to Chief Secretary, Sindh, Dr. Mutawakkal Qazi, to direct Add. Chief Secretary, Local Government, Public Health Engineering and katchi abadis to implement decision of ACC-1 without further delay, i.e. cancel the illegal KMC-Officers Cooperative Housing Society leases/allotment |
| 19-04-04 | Ex-DG (Parks & Horticulture), KMC Hanif Nasir in his affidavit to Anti-Corruption Estates confirms that “Gutter Bagicha (sewage farm) is an amenity and was under the jurisdiction of KMC, no NOC was taken from us.” |
| 18-05-05 | CDGK submits unilateral one-sided report to SC (through EDO (Law) CDGK Manzoor Ahmed, who is also a founder/promoter of KMC-OCHS) without informing Shehri, SEPA or other NGOs, and without obtaining Shehri’s signatures on this so-called “settled and negotiated”’ document. This report has been prepared by EDO (Law) Manzoor Ahmed, a founder/promoter of the KMC-OCHS . In this report the shape of the 200-acre plot has changed! |
Phase VII: Shehri attempts to rescue the situation
| 21-06-05 | Shehri & others file Contempt of Court application against CDGK in HRC 6-K/93 in SC, stating that the disposal order of 18-05-05 was obtained through fraud. |
| Nov ‘05 | CDGK starts construction of 163-acre ‘National/City Park’, but leaves north-east corner near Hasrat Mohani Colony undeveloped. |
| 19-12-05 | G.H. Mangi, Investigation Officer ACE, submits Final Report against Allauddin Sabir & Others |
| 01-02-06 | A.D. Khowaja, Director ACE, files his report on KMC-OCHS scam |
| Jan ’07 | Shehri & area NGOs file CP 17/2007 in SHC and obtain ad-interim stay on the grounds that CDGK committed fraud in obtaining compromise order dated 29-5-03 without any intention of entering into a compromise |
| 13-02-08 | SHC dismisses CP 17/2007, essentially on basis of alleged res judicata and SC decision of 1-11-06. |
| 08 | Shehri & area NGOs file appeal CP 210-K/2008 in SC and obtain ad-interim stay |
| 28-05-08 | KMC-OCHS files Suit 768/2008 against Shehri, Cowasjee, Nisar Baloch, Police and CDGK and obtain ad-interim order against obstruction of its project |
| 19-08-08 | SC refuses leave to appeal CP 210-K/2008, holding that the compromise creates a new cause of action which requires evidence, and states: “No conclusive findings were arrived at by this [Supreme] Court in the said HR Case [6-K/1993]. Albeit the cause for future action for a proposed settlement with the association of interested parties was recorded while disposing off the case. Such a cause of action involving factual controversies and resolution of facts involving detailed factual and fact findings on the basis of evidence, record and materials…. applies to proceedings in a suit between the parties” |
Phase VIII: Shehri files new Suit & Park is invaded
| 23-10-08 | Based on SC order of 19-08-08, Ardeshir Cowasjee, Abdul Sattar Edhi, Shehri & local NGOs file Suit 1484/2008 against CDGK, GoS, KBCA and KMC-OCHS and obtain status-quo order. |
| 18-05-09 | Charges are framed against Alauddin Sabir & others in Special Case 50/2001 in Anti-Corruption Court |
| 28-05-09 | President Asif Zardari includes ‘National Park’ at Gutter Bagicha as part of Green Karachi Project and sanctions Rs 400 million for development |
| June ’09 | SITE Town Nazim organises invasion (ENCROACHMENT-1) of northern part of Gutter Bagicha that has been set aside by CDGK for (Musharraf’s/Zardari’s) ‘National Park‘. This is in violation of the status-quo order dated 23-10-08 |
| 30-06-09 | FIR # 156/2009 is filed at Pak Colony PS against encroachers/land-grabbers at (ENCROACHMENT-1) |
| 15-07-09 | Ardeshir Cowasjee, ex-senator Nisar Memon and EDO (Revenue) CDGK, Sajjad Hussain Abbasi, inspect the ENCROACHMENT-1 (about 10 acres at this time) who are constructing under protection of armed men in the ‘National Park’ section of Gutter Bagicha. |
| 29-07-09 | About six weeks after the invasion, Resolution # 544 is passed by City Council providing plots (on ‘National Park’ land!) to alleged old residents of Hasrat Mohani Colony who were displaced 27 years earlier (!!) when the katchi abadi was regularised, allegedly on the basis of old City Council Resolution # 336 of 3-5-81 |
| 25-08-09 | Shehri files Contempt of Court application in Suit 1484/08 against CDKG, City Nazim and SITE Town Nazim and TMO who are supporting the encroachers at ENCROACHMENT-1 |
| 26-08-09 | Encouraged by the non-implementation of law and defiance of the court orders, in Suit 1484/08, KMC-OCHS also starts illegal construction on their 200 acres (ENCROACHMENT-2). Rioting breaks out in Golimar. |
| 27-08-09 | SITE Town Nazim, Izharuddin, in presence of Kamran Dost (Special Home Secretary), Col. Sohail Malik (Pakistan Rangers), DIG/West Sardar Dasti (Karachi Police), and EDO (Revenue) Sajjad H. Abassi, threatens Shehri & Gutter Bagicha Bachao Tehreek (GBBT) members saying “Hum tum ko dekh lein gay”. The next day, Shehri writes a letter to all concerned with copies to attendees. |
| Aug ’09 | Shehri files another/new Contempt of Court application against KMC-OCHS and CDKG on ENCROACHMENT-2 |
| 08-09-09 | On directives dated 1-9-09 of SHC, Nazir conducts inspection of Gutter Bagicha, but (at the urging of EDO(Law), Manzoor Ahmed) confines himself only to the 200 acres of KMC-OCHS, i.e, ENCROACHMENT-2 |
| 26-09-09 | On renewed directives dated 10-9-09 of SHC, Nazir conducts second inspection of the north (‘National Park’ area) of Gutter Bagicha (ENCROACHMENT-1), but is mobbed by hundreds of women and others (who have been brought to the location that day in vans and on motorcycles) and is not allowed to examine the ongoing illegal construction, which has now spread to about 30+ acres. CDGK submits a new layout plan of Gutter Bagicha to the Nazir (different from the one submitted to the SC on 18-5-2005 & 18-2-2006) where the area of National Park has been reduced to accommodate ENCROACHMENT-1. The collusion of CDGK with the encroachers is transparent. Additionally, the shape of the 200-acre KMC-OCHS plot has changed again! |
Phase-VIII Nisar Baloch of GBBT/ Shehri is murdered
| 06-11-09 | Nisar Baloch, a committed Gutter Bagicha activist since the 1990s, and others of GBBT hold press conference at Press Club and identify City & SITE Town Nazims of MQM as being behind the invasion of Gutter Bagicha (National) Park. This is reported in the press (Daily AWAM ) the next day |
| 07-11-09 | Nisar Baloch, while riding his motorbike near his house on Lyari River bridge, is shot and killed. FIR No 331/2009 is filed at the Soldier Bazar PS. |
| 10-11-09 | Nisar’s widow appeals for justice to CJ SC, and identifies threats hurled by SITE Town Nazim on 27-08-09 |
| 15-11-09 | Ardeshir Cowasjee writes in DAWN about SITE Town Nazim’s threat and widow’s appeal to CJSC, but newpaper censors out the relevant incriminating passages |
| 16-11-09 | The NEWS publishes images of Shehri’s “Hum tum ko dekh lein gay” letter of 28-8-09 and widow’s appeal to CJ SC |
| 17-11-09 | EXPRESS prints translation of Ardeshir Cowasjee’s original column |
| 07-01-10 | Nadir Baloch, another activist of GBBT who took over from Nisar Baloch, is shot and killed. |
| 11-01-10 | Nisar Baloch’s brother and Shehri file complaint before GoP Interior Ministry team Investigating targeted killings in Karachi. No concrete action has been taken by police over past two months in connection with Nisar’s murder. |
There have been two managers of Gutter Baghicha during its 113 years old history. The British, who maintained it and the KMC (predecessors of CDGK) who have abused it. Land grabbers, in the guise of CDGK officials, staff and politicians have cut down trees and occupies the land to build factories, farms, residential houses, water hydrants and petrol pumps.
1. Carving of Illegal Plots
There 300 illegal factories in Haroonabad, (one sector of Gutter Baghicha), and vegetables grown on 300 acres (using toxic waste water of illegal factories) on land which is claimed by the City Government as ‘open land’.
Collusion of CDGK, Land Department and patronage of Pak Coloney Thana
2. Water Tankers and Hydrants
2000 water tankers make 12 rounds every day to lift water from 22 illegal hydrants in Asif Colony and Misri Khan Village, who have built their water pipes such that they open onto Gutter Baghicha where the water tankers come to fill water then use the 20 feet wide small Gutter Baghicha road in front of the government public school to take it to S.I.T.E. The hydrants in Misri Khan Village use Manghopir road. The water is of the poorest quality unfit for human consumption.
Collusion of Tamher Mafia, SITE Association, CDGK, area police station and criminal dalalas.
3. Dumping of Toxic Wastewater and Sewage
Gutter Baghicha is being used for dumping toxic waste:
• Wastewater flowing from 2200 factories of S.I.T.E.
• Highly toxic hospital waste.
• Marble wastage dumped by marble processing factories (Rs. 250 bhatta is collected per truck to dump marble waste).
Collusion of CDGK, Land Anti Encroachment Department and Thana Pak Colony.
On April 28, 2002, President Pervez Musharraf, in a public meeting at the Quaid-e-Azam’s Mazar, promised to restore the glory of Karachi. The City District Government Karachi (CDGK), then sanctioned Rs 10 lakhs in its budget of 2002-03 for the “Gutter Baghicha Project”. No more has been heard of the project since…………………
On July 7, 2003, Chief Secretary Sindh, Dr. Mutawakkal Qazi, directed concerned officials to chalk out a strategy to develop a park at Gutter Baghicha within 15 days. No more has been heard of the strategy since……..
On September 2003, Prime Minister Mir Zafarullah Khan Jamali, directed Sindh Chief Secretary to take immediate steps for establishment of a park at Gutter Baghicha. No more has been heard of the immediate steps since…..
Gutter Baghicha is asking ” who will save me from the troika of officials, bureaucrats and land grabbers that are eating me up?”
Illegal Leases in Gutter Baghicha Since 1991
1. Illegal Lease to the KMC Officers’ Cooperative Housing Society
In March 1993, 200 acres within Gutter Baghicha were illegally leased to the KMC Officres’ Cooperative Housing Soiety by CDGK. Shehri-CBE filed a Human Rights Case 6-K/93 under Article 184(3) of the Constitution against conversion of Gutter Baghicha amenity land to industrial, residential or commercial use, fearing consequential deterioration in the environment. In addition, on the orders of Chief Secretary Sindh and Chairman Anti-Corruption Committee 1 (ACC1), and FIR # 56/2001 was registered by Anti-Corruption Establishment u/s 409/4677A/34 PPC r/w Section 5(2) of Act-II, 1947 against two KMC officials.
In September 1993, Supreme Court Restrained KMC or any other transferees from transferring or selling of Gutter Baghicha land. In September 2001, ACC1 cancelled the allotment.
2. Illegal Lease of Ten Industrial Plots
During 1990-94, illegal leases of approximately 8.3 acres, were granted by S.I.T.E. (in collusion with KMC/CDGK officials) for ten industrial plots. In March 2000, an FIR was registered by Anti-Corruption Establishment against 18 S.I.T.E. and KMC officials for illegal allotments to private factory owners. The leases were cancelled, and factories closed, and only Munaf Industrial is operating illegally. The case is still under process in the Anti-Corruption Court I.
3. Illegal Lease of a Petrol-Pump Plot
In 1998 a petrol-pump plot was illegally leased by CDGK at the mouth of the 100 feet road which is the gateway of Gutter Baghicha. An application was lodged in the Anti-Corruption Establishment, Karachi and the case is in process for lodging an FIR.
4. Illegal Encroachment of 50 Acres by a local UC 3 Janabad Nazim, S.I.T.E. Town
In 2003, a local UC Nazim, Talib Brohi, encroached upon 50 acres of Baghicha land. An FIR 107/2003 was registered. The case is under process in the City Court being prepared to be sent to Anti-Corruption Court and National Accountability Bureau.
5. Illegal Lease of a Plot to Ismailia Garden Cooperative Housing Society
A Plot of 7.02 acres was illegally allotted to Ismailia Garden Cooperative Housing Society. An application was lodged in the Anti-Corruption Establishment Karachi. The Society has agreed to move from this plot if alternate place is provided.
6. Illegal Lease of Two Plots to Safia Begum and Others
Two Plots of approximately 10.7 acres were illegally allotted to Safia Begum and others by KMC officials in February 1992. An FIR NO. 51/2000 was registered against the Secretary, KMC Officers Society but no one was arrested. The case is under process in the Anti-Corruption Court I.
What remains of Gutter Baghicha can be developed again as a nature preserve and park for the people of Karachi. It can be replanted and forested (especially with local vegetation of this area). A botanical garden can be planted to display the variety of tropical and sub-tropical flora of the Asia Pacific region.
This could be the first botanic garden of its kind in Pakistan. The Baghicha can have artificial lakes that will become the habitat for migrating birds and lake flora and fauna. There should be no further construction or cultivation and no commercial nurseries.
The replanted Gutter Baghicha should have the following public amenities;
• Parking area
• Play spaces for children
• Study and research center on the flora and fauna of the Baghicha
• Internal water recycling plants
• Food kiosks
• Communication kiosks
• Toilets
The bastis and neighborhoods of Gutter Baghicha are currently areas of unsatisfactory living conditions, low income, drug addiction, unemployment, ill-health, high infant mortality, and pollution. People living in Lyari and other adjacent areas have no recreation facilities and live with a sense of deprivation. Imagine what a peaceful green park in their midst would do for their psyche, health recreation and law and order.
Shehri-CBE is a civil society organization involved in the protection and conservation of the natural and built environment of Pakistan. Its perspective on Gutter Baghicha derives from its stated aim of research and action to promote initiatives in the areas of recreational development and heritage conservation.
Shehri’s stand is that the 1017 acres of Gutter Baghicha, the pre-Independence municipal land located in S.I.T.E. Town along the Manghopir Road, is a public amenity space. Such amenity spaces cannot be converted to industrial, commercial or residential use, but must be used for the public welfare of the citizens of Karachi in general and the residents of the surrounding areas in particular.
In keeping with the commitment of the government, as expressed through the promise made by President Pervez Musharraf on 28th April 2002 to establish a citizen’s park in Gutter Baghicha, immediate steps need to be taken by CDGK in coordination with the provincial governments, to resolve all pending issues, including the ones listed below: