Along Expressway: Direct access to fuel pump, marriage hall closed

IHC directs CDA to take indiscriminate action to remove encroachment by government agencies, media houses

ISLAMABAD: The civic authority on Wednesday was directed to close direct access to fuel pumps and a marriage hall along the Islamabad Expressway while separately, it was directed to remove encroachment in the residential areas of the capital indiscriminately.

Justice Shaukat Aziz Siddiqui of the Islamabad High Court (IHC) on Wednesday heard two cases.

In one case, a fuel pump owner urged the court to vacate a stay on closing direct access to fuel pumps and marriage hall along the Islamabad Expressway.

Capital Development Authority (CDA) counsel Kashif Ali Malik told the court that in 2008, the CDA had advertised, inviting bids to set up fuel stations along the Islamabad Expressway. Initially, the plan was to provide access to the filling station from service roads.

However, the stations and the marriage hall were later granted temporary permission to directly access the main road.

This permission was conditional, Malik argued, adding that the CDA reserved the right to withdraw the permission at any time.

When CDA did cancel this permission, the owner of the fuel stations went to IHC and obtained a stay order against the CDA action.

Malik argued that by continuing direct access to the pump had created traffic mess on the roads apart from causing several accidents.

Justice Siddiqui subsequently vacated the stay order and directed the CDA to close direct access to the fuel stations and wedding halls and to provide access from the service road.

He also directed the civic body to restore green nature of the occupied areas.

On the matter of why CDA granted temporary direct access in the first place, the bench said that this matter should be referred to the national accountability bureau (NAB).

Separately, Justice Siddiqui directed CDA to remove indiscriminately encroachment from the federal capital, whether those put in place by any security agency or media house while operating from the residential areas and involved in the non-conforming use of properties.

The IHC bench, while hearing in the identical petitions against encroachments in Islamabad, remarked that whether these are visible or invisible powers, they have to respect the law.

“If the country’s largest, most sensitive institution does not respect the law, how will the common man then respect the law,” Justice Siddiqui asked.

The court further remarked that media houses, who scream for adherence and enforcement of the law, should also respect the law.

Justice Siddiqui warned that media houses who were operating from the residential areas of the capital could see their licenses cancelled.

IHC bench directed the Federal Investigation Agency (FIA) to clear the service road that it has occupied on the pretext of security at its Iqbal Town office. It also directed to clear encroachment of a service road in Aabpara.

Moreover, Justice Siddiqui directed the CDA to ensure that all parts of the city that have been encroached by different government departments or agencies be cleared without any kind of discrimination.

The IHC bench directed CDA to initiate indiscriminate action against all who encroached the roads or non-conforming use of the property. 

Published in The Express Tribune, May 24^th, 2018.