Napa violates Cultural Heritage Act 1994

KARACHI - Napa, which occupies the Hindu Gymkhana premises, has now illegally constructing a theatre building within the premises of Hindu Gymkhana. The building is yet to be completed but the Napa associates had breech the trust by signing a deal with the cultural ministry of Sindh in 2005. Though, the ministry had shown no concern over it, it rose to take a stand once the artists community called out a Press conference the other day to discuss the launching of another play titled 'Vakeel Sahab.' The Ministry of Culture, Sindh does not believe in dislodging or relocating the academy but it believes that as a 'landlord' of the premises it has every right to stop any illegal construction taking place at the premises of Hindu Gymkhana. In 2005, the building was given to Napa as per the directives of former president Musharraf. The understanding was reach in the form of a document which was duly signed by Napa President Zia Mohiuddin and the department of culture under Mehtab Rashdi. The clause of the said document Article number 7 clearly states that there will be no renovation and reconstruction within the limits of the premises. But the Napa associates took permission from KBCA, which in itself was not a legal act. The Hindu Gymkhana, situated opposite to Arts Council on MR Kiyani Road, Karachi is a protected heritage building declared under Sindh Cultural Heritage Preservation Act 1994. With its carved cupolas, the historical building of Hindu Gymkhana is a beautiful structure. The then commissioner of Karachi in 1921 had granted special lease for promoting cultural activities and social gatherings of Hindu community of Karachi. The construction work of this beautiful building was started in 1925 and completed in 1927 under the sponsorship of a philanthropist Seth Ram Gopaldas Goverthandas Mohatta. The Hindu Gymkhana building was declared as an Evacuee Property and allotted to Federal Public Service commission in 1961, where it housed its offices until 1978. These offices were shifted from Karachi to Islamabad and the possession of building was handed over to the Pak PWD. Since then the building remained exposed to total neglect which led to its dilapidated condition. In August 1990, the Federal Ministry of Education communicated prime minister's orders for transfer of Hindu Gymkhana to the Department of Culture, government of Sindh for establishment of a Centre of Sindh Arts and Crafts. On August 13, 1991 the building was transferred to the culture department. The possession of Hindu Gymkhana, despite protests by the PWD, was finally taken over by the provincial department of culture on December 19, 1993. A scheme for the establishment of College of Arts and Design was approved with a cost of Rs 19.20 million on March 27, 1994 and it was included in the Karachi package. The original PC-1 had a provision of Rs 14.050 million for conservation and preservation of the building. The highly sensitive and artistic work was under taken by the Communication and Works Department. The department has also taken measures for restoration of the building and entire wooden texture. Later on, in pursuance of the verbal instructions form principal secretary to Governor Sindh in light of directives from the then president of Pakistan, Hindu Gymkhana was rented out to Zia Mohiuddin for a period of 30 years for establishment of National Academy of Performing Arts (Napa). In this regard an agreement was signed by Zia Mohiuddin on behalf of Napa and secretary culture on behalf of government of Sindh on September 23, 2005. Napa agreed to pay Rs 50,000 as lease charges per month. In 2006, NAPA started construction of a theatre auditorium within the premises of Hindu Gymkhana. Since the building was declared as protected heritage under Cultural Heritage Act 1994. Napa was required to get NOC from Advisory Committee of Cultural Heritage. Napa instead of seeking permission from the Advisory Committee got NOC from KBCA for the purpose of additions and alteration. In violation of permission of KBCA and the terms and conditions of agreement, Napa started new construction. The structure of theatre has been raised. Of late, the civil society, the members of Hindu Community and culture-friendly people have been criticising the present use of the Hindu Gymkhana. They are of the view that either Hindu Gymkhana should be restored to its original position for use of social and cultural activities of Hindu community or it should be reverted back to Department of Culture and Tourism for establishment of Arts and Crafts Centre and a museum. Napa by constructing a theatre/auditorium within the premises of Hindu Gymkhana, which had already been declared a protected heritage under the Sindh Culture Heritage (Preservation) Act, 1994, has violated the September 23, 2005 agreement between culture, tourism department, government of Sindh and Napa. On the advice of law department and in pursuance of clause 8 of the agreement executed between culture department and the Napa on September 13, 2008. Three months notice was given to Napa regarding termination of the said agreement and after expiry of notice, the possession of Hindu Gymkhana together with building thereon shall be resumed by the government without any compensation. Provincial Culture and Tourism Department with the approval of competent authority and after the termination of tenancy will use premises of Hindu Gymkhana for establishment of a centre for Arts and Craft as planned earlier. A portion would be used as Hindu Gymkhana for cultural and social activities of Hindu Community.

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