Karachi’s Moon Garden residents won’t back down without a fight

The residents of Karachi’s Moon Garden aren’t ready to give up their homes without a fight.

They’ve been ordered to leave the apartment complex in Gulshan-e-Iqbal and are waiting for eviction notices. The Sindh Building Control Authority (SBCA) already issued them ejectment notices on February 4.

Moon Garden has five residential blocks numbering A to E. Three blocks–C, D and E–fall under the jurisdiction of the SBCA’s Gulshan-e-Iqbal Town-I while the other two, which are currently under construction, are in the jurisdiction of the Cantonment Board Faisal. There are 190 two and three-bedroom apartments in Moon Garden.

The issue of its construction was first raised in September 2015, when the Sindh High Court ordered that it be sealed and its residents evicted. The SHC order came on a petition filed by the Pakistan Railways Employees Cooperative Housing Society, which claimed that Moon Garden was constructed on its land.

In November, the residents and builder of Moon Garden moved the Supreme Court against the SHC verdict.

In 2015, very few of the 190 flats were occupied and the apartments didn’t have electricity or gas connections.

The apex court stayed the SHC’s order and directed the builder, Abdul Razzaq Khamosh, to deposit Rs100 million as a surety. After the verdict, the apartments received water, electricity and gas connections, as well as phone lines.

In March 2019 the top court took up the case again and asked Khamosh why he hadn’t submitted the surety in four years. It withdrew its earlier verdict.

In January 2020 the case was highlighted again when the builder relaunched Moon Garden’s blocks A and B with a massive advertisement campaign and musical shows. This prompted the Pakistan Railways Cooperative Housing Society to file their petition in the Supreme Court.

The SBCA also sprang into action and issued residents ejectment notices on February 4. In the notice, the SBCA said the builder of Moon Garden violated the approved building plan and did not get a design NOC.

The builder was given the approval to construct ground plus four buildings but constructed ground plus eight structures instead. The Moon Garden builder got building plan approval from the Authority in 1996 or 1997, according to the SBCA.

SBCA officials say the officers who dealt with the Moon Garden project have retired.

SBCA Gulshan-e-Iqbal Town-I Deputy Director Nadeem Arbab, who served the ejectment notice, said they are reviewing the case and gathering information from old documents.

Arbab said all of the information would be placed before SBCA Director Muhammad Sarfaraz, who will make the final decision regarding the project.

“Sarfaraz will get in touch with the director-general of the Pakistan Rangers and Sindh IG to get assistance in clearing Moon Garden,” he added. It will take about a month for a final decision to be made.

Senior field surveyor Saifuddin Bhatti of the Pakistan Railways Cooperative Housing Society said the land Moon Garden is built on belongs to the society. He accused Khamosh of obtaining the society’s land through unfair means.

“The land was allotted to 150 Pakistan Railways employees and the society has approached the court to get the legal rights of the allotees,” he added.

Bhatti said the Supreme Court has already given a verdict in the favour of the Pakistan Railways Cooperative Housing Society, which is a clear indication that the Moon Garden land belongs to them.

Cantonment Board Faisal Chief Engineer Zeeshan Fawwad said that the Moon Garden land falling in the cantonment board’s jurisdiction isn’t subjudice. He clarified that the Moon Garden builder has an approval of ground plus four for the complex’s A and B blocks and that the authorities have restricted the builder from constructing any more floors.

Khamosh didn’t want to talk about the matter at all. “You can write what you want about Moon Garden. I am not at liberty to talk to you about it,” he told SAMAA Digital.

The residents’ four years of peace have come to a crashing halt. Resident Muhammad Saif told SAMAA Digital that he purchased his flat in Moon Garden for Rs1.9 million in 2015. “The builder, Abdul Razzaq Khamosh, confirmed that the project space is clear and legal,” he said. Saif said he went to the Registrar’s Office and got his apartment registered in three months.

Another resident, Jamil Ahmed, said they have possession letters, lease documents, payment receipts and utility connection permits.

But just because they have documentation doesn’t mean they aren’t worried. Muhammad Aamir said he bought the flat with his life savings. “Now we’re selling my wife’s gold to get money for the flat,” he said.

“The builder of the project said take your money back and leave the flat if you want,” Aamir said.

Khalid said the builder has decided to file a review petition in the apex court. “We have no other option left other than to stage protests to save our homes,” he said. The residents have contacted political parties such as the MQM-Pakistan and JI, who have promised to support them.

from SAMAA https://ift.tt/37BEpES