SHC allows traders to continue activities in old Sabzi Mandi.

HYDERABAD -- A division bench of Sindh High Court (SHC) Hyderabad circuit on Thursday restrained the Sindh government and Hyderabad district administration from preventing vegetable and fruit traders from carrying out their lawful businesses/trade in the existing Sabzi Mandi.

The bench, comprising Justice Mohammad Faisal Kamal Alam and Justice Aftab Ahmed Gorar, said the respondents should ensure that no one be allowed to create any law and order problem.

The order was passed on a constitutional petition filed by Abdul Rasheed Arain and Zahid Arain who moved the court through Ayaz Tunio advocate. They cited the Sindh agriculture secretary, additional chief secretary, Hyderabad division commissioner, agriculture extension director general, Hyderabad deputy commissioner, Hyderabad Development Authority (HDA) director general, market committee administrator, inspector general of police (IGP) Sindh, Hyderabad Police DIG, Hyderabad SSP and Hali Road police station SHO as respondents.

Mr Tunio argued that the respondents were required to establish a proper fruit and vegetable market (Sabzi Mandi) according to master layout plan as certain spaces were allotted to persons. He said the respondents, however, were illegally changing the nature of above market into a housing scheme as evident from correspondence dated Dec 31, 2019.

He also said that in violation of an earlier order passed by this court and particularly of Dec 1, 2016 in another constitutional petition wherein inter alia respondents had stated to provided complete infrastructure at the New Sabzi Mandi, it is now learnt that respondents particularly respondent-8 has also made double allotments in the above project.

He said that to aggravate the situation, additional chief secretary (home) imposed Section 144 CrPC in the existing Sabzi Mandi, thus banning auction activity. The step was affecting livelihood of the petitioner and other bona fide allottees.

The court issued notices to the respondents and additional advocate general for Feb 26, directing them to file para-wise comments by the next date of hearing. In the meantime, the court ordered, 'petitioners and those who are genuine allottees/occupants in the existing Sabzi Mandi would not be prevented from carrying out their lawful businesses/trade'. However, it said, respondents should ensure that no one be allowed to create any law and order problem.

The petitioners stated that 63.1 acres of land was acquired for 'zarai/anaj mandi' in...