Failure of federal govt, CDA is alarming: IHC

OCA flat owners ask which building code violations can be regularised

ISLAMABAD: The Islamabad High Court has directed the federal government and the Capital Development Authority (CDA) to explain why allotment of plots to their officials should not be suspended in light of their admitted failure in enforcing laws and regulations in the capital.

“Why an injunctive order to this effect may not be granted till the affected members of the general public, including the petitioners, are compensated and enforcement of the statutory provisions and the regulations become visible,” Justice Athar Minallah stated in his order on Wednesday.

While hearing a petition of the 38 affected purchasers of the One Constitution Avenue, Justice Minallah stated that the CDA and the federal government’s failure in fulfilling their respective statutory obligations were alarming.

He said that this was evident from preliminary reports submitted on their behalf.

The directions came after lawyers, representing people who had bought flats in the One Constitution Avenue building, urged the court to suspend allotment of plots to the officials of the relevant ministries, divisions and the CDA at subsidised rates in the light of their admitted failure in enforcing laws and regulations.

The court has directed the federal government and the CDA to satisfy the court at the next date of hearing in this regard.

Earlier, CDA’s lawyer Kashif Ali Malik submitted an interim report regarding illegal, un-authorised construction detected in commercial buildings in sectors F, G and I of the capital. He also submitted a list of cancelled plots on account of non-payment, un-authorised construction, non-conforming use, non-compliance within stipulated time, unauthorised trade and on court orders.

Petitioners’ questionnaire

Meanwhile, in wake of the court’s order issued on April 7, the counsels for petitioners have posed several questions for adjudication in the matter.

They have asked why should salaries, allotted plots and pensions of government officials, government secretaries as well as the CDA chairman and top CDA officials not be attached to compensate all those who had been affected by the occupation of “illegally” constructed buildings such as the One Constitution Avenue.

They have further asked if Article 25 of the Constitution permits classification between occupied and unoccupied buildings where both are constructed and put in use in violation of the same law.

In addition, the questionnaire asked whether the court or CDA could give a concession to anyone who had built a building in violation of law and where the law does not permit for such an exemption and whether such an exemption be discriminatory?

More importantly, the petitioners have asked if there are any properties within the acquired area of the Islamabad Capital Territory which have been constructed and used for purposes other than for which the land or plot had been disposed of.

They have sought the court’s help in determining “what type of violations may be condoned or regularised?”

Moreover, the petitioners need court’s intervention to determine the mechanism for the amount of compensation which the petitioners and other people affected by the judgment of March 3 are entitled to.

Besides, they asked to what extent the federal government and CDA were accountable for negligence and failure in implementing provisions of CDA Ordinance 1960, and other regulations.

Two senior lawyers, Abid Hassan Minto and Khalid Anwar, who have been appointed as amicus curiae, have been asked to assist the court in writing regarding the proposed questions by the next hearing.

The case is fixed for hearing on May 4.

Published in The Express Tribune, April 13^th, 2017.