SCBA housing society: High court directs DC, land official to reply
Bokhari files case against development, says govt is illegally acquiring land for private parties
IHC judge pays surprise visit to GBM of lawyers; urges patience. PHOTO: EXPRESS
ISLAMABAD:
The Islamabad High Court has directed the deputy commissioner and the land acquisition collector to submit a reply in connection with a petition challenging notifications dealing with the acquisition of land for a housing society for lawyers which would violate the city’s zoning rules.
Justice Aamer Farooq issued notices to the deputy commissioner and the land acquisition collector to submit a reply after petitioners challenging the notifications have stated that the land in question is agricultural and falls in Zone 4 of Islamabad.
Naeem Bokhari, the counsel for the residents and holders of Mouza Tama and Morihiyan, Islamabad, had challenged notifications issued by the capital’s administration issued on October 10, 2016 and April 29, 2015.
The notifications said that 1,148 acres were likely to be acquired from both the areas for the development of housing accommodations for federal government employees and members of the Supreme Court Bar Association.
The important requisite for acquisition of land is “public purpose”, and acquisition of private land for a purpose other than public purpose is palpably illegal and such acquisition for personal benefits of a specific class of persons cannot be described as being in the public interest, the petition said.
“[They] represent the elite in the legal profession and society,” he said.
SCBA is a representative body of only one section of lawyers, he said, adding that every advocate cannot be a member of this association. “Members of SCBA do not perform any public function and its members are not public functionaries,” he said.
SCBA is ultimately a beneficiary of the proposed acquisition, and being a private body, it cannot obtain land through the Federal Government Employees Housing Foundation (FGEHF), who in turn would receive the same from illegal acts of respondents, he explained.
He argued that acquisition by FGEHF for members of the SCBA, which is a private body, is clearly illegal and unwarranted by law. Not only this, acquiring public land for a private entity is illegal and against the entire point of the Land Acquisition Act.
The former senator also argues that the term “federal government employees” is being used to cover an illegal act.
Bokhari said that land mentioned in the impugned notifications falls in Zone IV of Islamabad, which can only be marked for development of institutional projects of national importance, sports and recreation, green belts, orchards and farming, nurseries, and on a modest scale, a scheme for rehabilitation of Islamabad residents forced to relocate due to sectoral development.
“Land in this zone is to be maintained as an agricultural area,” the petition reads.
Bokhari also asks whether the deputy commissioner and the collector can acquire land for Pakistan Housing Foundation, which is a private entity, and which in turn would only pass the land on to lawyers who are members of the Supreme Bar Association.
Published in The Express Tribune, November 29th, 2016.
The Islamabad High Court has directed the deputy commissioner and the land acquisition collector to submit a reply in connection with a petition challenging notifications dealing with the acquisition of land for a housing society for lawyers which would violate the city’s zoning rules.
Justice Aamer Farooq issued notices to the deputy commissioner and the land acquisition collector to submit a reply after petitioners challenging the notifications have stated that the land in question is agricultural and falls in Zone 4 of Islamabad.
Naeem Bokhari, the counsel for the residents and holders of Mouza Tama and Morihiyan, Islamabad, had challenged notifications issued by the capital’s administration issued on October 10, 2016 and April 29, 2015.
The notifications said that 1,148 acres were likely to be acquired from both the areas for the development of housing accommodations for federal government employees and members of the Supreme Court Bar Association.
The important requisite for acquisition of land is “public purpose”, and acquisition of private land for a purpose other than public purpose is palpably illegal and such acquisition for personal benefits of a specific class of persons cannot be described as being in the public interest, the petition said.
“[They] represent the elite in the legal profession and society,” he said.
SCBA is a representative body of only one section of lawyers, he said, adding that every advocate cannot be a member of this association. “Members of SCBA do not perform any public function and its members are not public functionaries,” he said.
SCBA is ultimately a beneficiary of the proposed acquisition, and being a private body, it cannot obtain land through the Federal Government Employees Housing Foundation (FGEHF), who in turn would receive the same from illegal acts of respondents, he explained.
He argued that acquisition by FGEHF for members of the SCBA, which is a private body, is clearly illegal and unwarranted by law. Not only this, acquiring public land for a private entity is illegal and against the entire point of the Land Acquisition Act.
The former senator also argues that the term “federal government employees” is being used to cover an illegal act.
Bokhari said that land mentioned in the impugned notifications falls in Zone IV of Islamabad, which can only be marked for development of institutional projects of national importance, sports and recreation, green belts, orchards and farming, nurseries, and on a modest scale, a scheme for rehabilitation of Islamabad residents forced to relocate due to sectoral development.
“Land in this zone is to be maintained as an agricultural area,” the petition reads.
Bokhari also asks whether the deputy commissioner and the collector can acquire land for Pakistan Housing Foundation, which is a private entity, and which in turn would only pass the land on to lawyers who are members of the Supreme Bar Association.
Published in The Express Tribune, November 29th, 2016.