Sector F-14, F-15: FGEHF appeals high court verdict

IHC issues notices to CDA, district administration

ISLAMABAD: The Islamabad High Court issued on Tuesday notices to the Capital Development Authority (CDA) and the district administration after the Federal Government Employees Housing Foundation challenged a court judgment which had declared the acquisition of land for the foundation in sectors F-14 and F-15 as illegal.

A division bench, comprising Justice Aamer Farooq and Justice Mohsin Akhtar Kayani, issued notices to CDA and administration with directions to submit their reply to Federal Government Employees Housing Foundation’s (FGEHF) intra-court appeal (ICA).

While declaring the acquisition proceedings for acquiring land in sectors F-14 and F-15 for the FGEHF as illegal, Justice Athar Minallah had stated that land within the Islamabad Capital Territory (ICT) can only be acquired under CDA’s Ordinance of 1960.

In addition, he had stated that as per regulations made under that law, the FGEHF and its role in matters relating to development, town planning or housing in areas where the ordinance is enforced, is illegal, void and without lawful authority.

“Federal government, directly or indirectly, is not empowered to deal with or engage in matters relating to development, town planning or housing otherwise than as expressly provided under section 5 of the Ordinance of 1960,” Justice Minallah had stated.

Members of the judiciary, powerful bureaucrats, influential lawyers and journalists were among the beneficiaries of the FGEHF upcoming sectors.

In the landmark judgment, Justice Minallah had further noted that “beneficiaries (of both sectors) are serving or retired officers and employees of federal ministries, divisions, attached departments… judges of the superior courts, i.e. the honourable Supreme Court, all the high courts, Azad Jammu and Kashmir Supreme Court and the Chief Court and Supreme Appellate Court of Gilgit-Baltistan, as well as the Federal Shariat Court”.

CDA legal adviser Kashif Ali Malik, who was present in the courtroom, received the court notice.

Published in The Express Tribune, December 20^th, 2017.