ORDER SHEET
Date |
Order with signature of Judge |
1. For hearing of Misc. No.7816/08
2. For hearing of Misc. No.1618/08
3. For hearing of Misc. No.1619/08
4. For hearing of Misc. No.7057/08
5. For hearing of Misc. No.3846/08
6. For hearing of Misc. No.06/09
7. For Katcha Peshi
8. For hearing of Misc.743/08
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14.5.2009 Mr. Aftab Ali Khan, Advocate for the petitioners
M/s. M. Sarwar Khan, Addl. A.G.
Mr. Manzoor Ahmed, Advocate for CDGK
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The controversy coming up for decision in the instant petition appears, as to the protected heritage of the Empress Market, as per Notification dated 07.09.1995. It seems that the earlier petition bearing C.P.No.D-1651 of 2007 was disposed of. Instant petition has been moved by some of the claimant who were occupying old Dry Fish Section, which has since been demolished. Claim of the petitioners that such shops were integral part and parcel of the Empress Market whereas Mr. Manzoor Ahmed for CDGK contends otherwise.
We have examined relevant section of the Sindh Cultural Heritage (Preservation) Act, 1994. In terms of Section (vi) protected heritage means any premises or objects of Architectural, Historical, Cultural or National value declared as such by Government by Notification that would include the land externally appurtenant such thereto and the outer walls thereof; could be declared as protected heritage on the recommendation of the Committee through a notification in terms of Section 6 ibid in the notification produced, the government of Sindh declared the premises described in the Schedule to the protected heritage within the meaning of the said Act. Unless such notification is withdrawn, it is considered to be conclusive evidence of the facts of any premises or objects value to be protected heritage within the meaning of the Act.
Petitioners dispute that the old dry fish section and fresh fish section are not the part of the protected heritage. Mr. Manzoor Ahmed, has placed on record certain documents including a letter dated 3rd February 2009 addressed to the Additional Advocate General Sindh by the Culture & Tourism Department, Government of Sindh, which reflects as follows:-
“The demarcation of Express Market carried out by the nominated Office or Revenue Department, CDGK on 27.01.2009 and found that the fish and godown section falls within the boundaries of Express Market, situated on Plot No.SB-9/1, measuring 17994 square yards, Saddar Bazar Karachi.”
Mr. Manzoor Ahmed, controverts such claim and states that the facts stated in the said letter are not correct. In order to resolve the controversy as to whether the area as claimed by the Petitioners is part of Empress Market and covered by the Notification referred to above, the recommendation of the Advisory Committee for the purposes of issuance of notification would be relevant.
Under the circumstances we would direct the Advisory Committee constituted in terms of Section 3 of the Act to submit report at the earliest and on top priority as to what was the area that was recommended for the purposes of declaring protected heritage consequent whereupon the notification dated 07.09.1995 was issued. Let copy of this order be supplied to learned Additional Advocate General, Sindh, Mr. M. Sarwar Khan, to seek compliance.
The office is directed to fix this petition after receiving the report. Interim order passed earlier to continue till then.
JUDGE
JUDGE