KARACHI: Supreme Court of Pakistan on Friday ordered removal of all structures within the premises of Hindu Gymkhana which are affecting the heritage character of the building.
The SC bench headed by Chief Justice Gulzar Ahmed and comprising Justice Ijaz Ul Ahsan and Justice Qazi Muhammad Amin Ahmed, while hearing a case pertaining to a rent dispute between National Academy of Perform Arts (NAPA) and Sindh Culture Department at its Karachi Registry, ordered removal of marquees and other temporary structures, except the NAPA auditorium.
The court noticed that besides the auditorium, two marquees established behind the very building that are said to be used for offices and training purposes were so dangerous to the building that it could not be used properly and its view was also blocked.
The apex court ordered for removal of the two marquees within the next two months.
Provincial secretary culture proposed Jinnah Cultural Complex in North Karachi for relocation of NAPA. However counsel for the Academy, Faisal Siddiqui, submitted that he was not aware of any such complex and would like to visit it before a final decision is made in this regard.
The court observed that NAPA should be relocated to such a place which was easily accessible and had enough space with a world class auditorium and related facilities.
“In principle we consider that a plot of land of two acres should be made available at a suitable location to accommodate them,” the court observed and directed commissioner Karachi to look for the space and come up with proposals in this regard.
The apex court noted from the pictures of Hindu Gymkhana building that some of its windows at ground floor were of aluminum while the first floor of the building had wooden windows of old style. The court held that original character of the windows should be restored and directed the secretary culture to ensure the same with reference to the old pictures of the windows and in consultation with the experts.
The apex court heard the counsel for NAPA for a considerable time and raised various questions regarding the dispute between NAPA and the Culture Department and the appellant Shree Ratheshawar Maha Dev Welfare Shewa Mandly which seeks possession of the Gymkhana.
Faisal Siddiqui apprised the court that the Hindu Gymkhana premises was given to NAPA on rent on a thirty year lease following an agreement in this regard between Governor Sindh, who was acting on behalf of Secretary Culture Department, and NAPA.
The counsel submitted that two litigations, a petition and suit are pending in the Sindh High Court regarding the matter. The petition was related to notice of eviction while the suit was regarding the alleged changes to the original building and the construction made, the counsel submitted, adding that only an auditorium was built by NAPA behind heritage building for its activities without blocking view its arches and façade.
These submission of the counsel for NAPA were contested by the secretary culture and the appellant Shree Ratheshawar Maha Dev Welfare Shewa Mandly.
The apex court after viewing the picture which NAPA counsel had annexed with his pleadings observed that it did not provide the clear view of the building from all sides. The court directed the parties of the proceedings to take pictures and make videos providing clear view of the Gymkhana building and structures raised around it and present the same before the court on next hearing in next session.
SC bemoans destruction of heritage
During the hearing of Hindu Gymkhana case the apex court bemoaned the dilapidated conditions of heritage buildings in the province.
Chief Justice Gulzar particularly came down heavily on secretary culture, demanding of him to explain what his department had been doing to protect and preserve the heritage buildings in the province, especially in Karachi.
“Do you know the real value of this rich structural heritage of the province?,””asked the CJ. There are countless buildings of pre-colonial and colonial era. Other counties with rich structural heritage earned billions of dollars by promoting their tourism and by preserving it. But instead of preserving them we demolished them and build ugly high-rise structures in their place.
“You neglected Mohenjo Daro so badly where the motorcyclist destroyed many remains of one of the oldest human civilization while vandals did not spare a single heritage brick of the Makli necropolis,” lamented the chief justice.