The Sindh High Court (SHC) on Thursday conditionally allowed the reopening of mechanics and carpenters’ shops in DHA Phase I and II, which were earlier sealed for encroaching public spaces.
A two-member SHC bench, headed by Justice Muhammad Iqbal Kalhoro, gave the order while hearing a petition challenging the sealing of commercial shops by the Cantonment Board Clifton (CBC) on grounds that mechanics were occupying parts of public roads for their work.
The court observed that while the right to earn a livelihood is protected, it does not extend to blocking public thoroughfares. “No matter what area these shops are in – commercial or residential – no one has the right to obstruct the road,” remarked Justice Kalhoro.
He further observed that the court was only allowing the reopening of shops on the assurance that vehicles would be parked inside the premises and not on the roads. “We are not from Mars; we live here and witness the condition of roads daily,” he said. “They charge Rs5,000 for a job worth Rs5. There’s no fear of God.”
The counsel for the CBC submitted that shops were sealed because vehicles were being parked on half of the road, causing inconvenience to the public. On the other hand, the petitioners’ counsel argued that the shops are situated in designated commercial areas and that vehicles are parked in a proper line without obstructing traffic.
Justice Kalhoro remarked that in many countries, if businesses require additional space, they rent or purchase another shop to accommodate their needs. He warned that if the court’s instructions are violated, petitioners would face consequences.
