Non-conforming use: SC for equal application of law
Supreme Court gives civic agency March 3 for submitting compliance report.
Supreme Court. PHOTO: EXPRESS/FILE
ISLAMABAD:
The country’s top court has asked the Capital Development Authority (CDA) to proceed with its drive against all encroachers and violators of building laws irrespective of their position and status.
A two-judge bench of the Supreme Court, headed by Justice Azmat Saeed Sheikh, turned down pleas of inspectors-general of Islamabad Police and Motorways seeking more time to shift their offices from the residential areas.
The bench gave this direction during the hearing of a suo motu case against blockades of streets, roads and encroachments in residential areas.
On February 23 the court had given two days to CDA and the top cops to sort a legal remedy for the resolution of the matter.
The capital police chief had sought one year time until the completion of the new building in G-11/4 to shift his office currently housed in Sector F-7/1.
During the hearing, Additional Attorney General Aamir Rehman informed the bench that 80 per cent work on the new building for IGP office has been completed, and only 20 per cent is left, therefore, some more time be granted.
The plea drew the Justice Saeed’s ire, who observed that the court should be informed in writing that the law was not applicable to the government.
“If the government could not implement a law then it should suspend it as in our republic of Pakistan even constitution has remained suspended”.
He observed that it would be better if no one was present at the time of vacation of offices of the IGs, otherwise, the court would be compelled to intervene and law would take its due course.
“When no time is given to a citizen then how it could be given to police chief,” the judge observed.
Justice Sheikh asked the AAG to give in writing that Pakistani law doesn’t apply to the capital police.
Rehman said the Islamabad police chief was at the mercy of the court. Justice Sheikh said it was not a court of mercy but the court of law. He regretted that no practical step was taken to follow the law.
The AAG said the police were not the profit-making business but public servants. Upon that Justice Sheikh said don’t blackmail the court emotionally.
He questioned whether the Pakistani laws are not applicable to the government and Islamabad police? He further said as to whether Islamabad is not part of Pakistan and whether Pakistani laws are not applicable in ICT.
Rehman requested that CDA be directed to provide an alternative place for IG office, adding the police were looking for alternative accommodation.
Justice Sheikh said there was no alternative to the laws then how could they tolerate illegal actions. He asked the AAG to tell the capital’s IGP that he should not be in his office when it is being sealed as it would cause embarrassment.
When the AAG said that the issue was also related to many schools functioning in residential areas, the judge said the issue will also be taken up according to the law.
The judge said that the AAG has failed to file a report with regard to the steps taken to remove encroachments.
“This is a court and not an office of a real estate. We are making it clear that if the government did not implement the law then we will get it implemented,” the warned.
The civic body informed the court that all property owners violating the bylaws had been issued notices and follow-up action was underway.
In compliance with the apex court orders, the CDA has been carrying out operations against the non-conforming use of residential buildings.
The hearing of the case is adjourned until March 3.
Published in The Express Tribune, February 26th, 2016.
The country’s top court has asked the Capital Development Authority (CDA) to proceed with its drive against all encroachers and violators of building laws irrespective of their position and status.
A two-judge bench of the Supreme Court, headed by Justice Azmat Saeed Sheikh, turned down pleas of inspectors-general of Islamabad Police and Motorways seeking more time to shift their offices from the residential areas.
The bench gave this direction during the hearing of a suo motu case against blockades of streets, roads and encroachments in residential areas.
On February 23 the court had given two days to CDA and the top cops to sort a legal remedy for the resolution of the matter.
The capital police chief had sought one year time until the completion of the new building in G-11/4 to shift his office currently housed in Sector F-7/1.
During the hearing, Additional Attorney General Aamir Rehman informed the bench that 80 per cent work on the new building for IGP office has been completed, and only 20 per cent is left, therefore, some more time be granted.
The plea drew the Justice Saeed’s ire, who observed that the court should be informed in writing that the law was not applicable to the government.
“If the government could not implement a law then it should suspend it as in our republic of Pakistan even constitution has remained suspended”.
He observed that it would be better if no one was present at the time of vacation of offices of the IGs, otherwise, the court would be compelled to intervene and law would take its due course.
“When no time is given to a citizen then how it could be given to police chief,” the judge observed.
Justice Sheikh asked the AAG to give in writing that Pakistani law doesn’t apply to the capital police.
Rehman said the Islamabad police chief was at the mercy of the court. Justice Sheikh said it was not a court of mercy but the court of law. He regretted that no practical step was taken to follow the law.
The AAG said the police were not the profit-making business but public servants. Upon that Justice Sheikh said don’t blackmail the court emotionally.
He questioned whether the Pakistani laws are not applicable to the government and Islamabad police? He further said as to whether Islamabad is not part of Pakistan and whether Pakistani laws are not applicable in ICT.
Rehman requested that CDA be directed to provide an alternative place for IG office, adding the police were looking for alternative accommodation.
Justice Sheikh said there was no alternative to the laws then how could they tolerate illegal actions. He asked the AAG to tell the capital’s IGP that he should not be in his office when it is being sealed as it would cause embarrassment.
When the AAG said that the issue was also related to many schools functioning in residential areas, the judge said the issue will also be taken up according to the law.
The judge said that the AAG has failed to file a report with regard to the steps taken to remove encroachments.
“This is a court and not an office of a real estate. We are making it clear that if the government did not implement the law then we will get it implemented,” the warned.
The civic body informed the court that all property owners violating the bylaws had been issued notices and follow-up action was underway.
In compliance with the apex court orders, the CDA has been carrying out operations against the non-conforming use of residential buildings.
The hearing of the case is adjourned until March 3.
Published in The Express Tribune, February 26th, 2016.