JK Cooperative Housing Society: Court orders status quo, puts civic agency officials on notice

Petitioner says layout violation caused by negligence of respondents.

ISLAMABAD: The Islamabad High Court (IHC) ordered on Tuesday to maintain status quo in a plea challenging an expected crackdown on the Jammu andKashmir Cooperative Housing Society (JKCHS) by the Capital Development Authority (CDA) over deviation from approved layout plan.

While issuing notices to respondents, Justice Aamer Farooq called for comments from the respondents till January 13. In addition, Justice Farooq has sent the case back to the chief justice of the IHC requesting to fix it before the bench which was hearing the matter earlier.

Petitioner Omer Irshad, through his counsel Raja Inaam Ameen Minhas, has approached the court challenging a CDA Enforcement Directorate letter from December 28, 2015. The director of the enforcement directorate sought help from deputy commissioner Islamabad and police high-ups for magisterial cover, as well as police assistance for the operation.

The petitioner has made the CDA’s chairman, director enforcement and director housing, as well as the capital’s deputy commissioner and the president of the society, respondents in the matter.

The CDA planned action in order to comply with the directions of a bench of the IHC, directing them to “remove all the mischief observed by them on their visit.” The court had ordered to “take stern action for the removal of all construction beyond the layout plan by adopting coercive measures.”

The letter, written to the police and ICT administration, has suggested a search operation prior to the commencement of the operation. In addition, it seeks police and magisterial cover during the operation. CDA high-ups believe that the target area is a highly populated commercial and residential area, and falls on the main GT Road.

The letter further mentioned that resistance and retaliation in the area is likely, as many high rise buildings are to be demolished on site due to violations to the approved layout plans. According to the letter, is believed that the operation will cause large public gatherings, road blockages, and strikes on GT Road, for which the administration will have to plan for.

At present, Minhas said the plots were auctioned through newspapers with the approval of respondents. Further, the building plans submitted by the petitioner were also approved without objection.

The petitioner, being the bona fide purchaser, said he has invested a huge sum of money in the plots, construction on them, and sold units to various individuals, and added that the impugned notice has now been issued without any justification.

Violation of the layout plan occurred due to the negligence of the respondents, who should be criminally prosecuted, he stated. In addition, he said that they are now trying to help each other in covering up their illegalities and giving an eye wash to court orders.

As per law, he said the requirement is to provide all immunities within the scheme of the society, and that this can be done without issuing such “harassing and mala fide notices,” the petitioner added.

Minhas requested the court to set aside the impugned notice, as well as declare it illegal and without lawful authority. He further prayed that respondents be restrained from interfering in peaceful possession of the petitioner in any manner, nor demolish properties.

Following his arguments, the court ordered for the maintenance of status quo. The court has also sought a reply from the respondents till January 13.

Published in The Express Tribune, January 6^th, 2016.