Capital real estate: SC endorses enhanced construction on agro farms

CDA board’s decision allowing construction of up to 9,500 square feet upheld

ISLAMABAD: In a move which would ease the fears of rich farm owners who had converted part of their farmlands into palatial houses, the apex court on Tuesday upheld a decision by the civic authority which allowed construction on 9,500 square feet of farms in the capital.

However, any construction spanning more than the limit would have to be removed within six months. Basements, though, can
be kept by paying a substantial fine of Rs20,000 per square foot.



Capital Development Authority (CDA) original lease agreement allowed tenants to build single-storey buildings on agro-farms in the capital where the covered area has to range between 2,500 square feet (sqft) and 4,000 sqft. In 1994, the CDA increased the covered area limit to 10,000 sqft.

However, this was frequently abused by tenants who built larger houses on the relatively cheaper farmlands.

Former Supreme Court (SC) Chief Justice Iftikhar Muhammad Chaudhry in 2013 had taken suo motu notice of this abuse and directed the CDA to restore 504 farmhouses violating the law to the status of agriculture land by removing the structures.

The CDA had subsequently decided to reduce allowed covered area on agro farms from 12,000 sqft to just 4,850 sqft.

The owners of these farmhouses, however, appealed the direction in the Supreme Court.

Last year, the apex court referred the case back to the CDA directing it to decide the matter after consulting with the owners.

In June 2017, the CDA Board decided to enhance the allowed construction area on agro farms in
the federal capital from 4, 850 sqft to 9,500 sqft. However, this permission was subject to approval from the apex court.

The civic body presented its decision to the apex court which upheld it.



Agri compensation

The land had been originally awarded to rehabilitate people who had been displaced by the development of the capital city and to ensure that they continued agricultural practices in the rural areas of the city, growing products such as fruits, vegetables and poultry to meet the needs of the capital.

However, with the passage of time, the locals sold their farms to influential people who built palatial houses there.

According to the 2013 records, when the apex court took suo motu notice of the matter, the names of several influential people emerged as the owners of palatial farmhouses.

These include former president Pervez Musharraf, former prime minister Shaukat Aziz, ex-Senate chairman Mohammed Mian Soomro, Pakistan Muslim League-Quaid (PML-Q) Chief Chaudhry Shujaat Hussain, Senator Wasim Sajjad, former Senator Dr Shahzad Waseem, Makhdoom Amin Fahim, Raja Nadir Pervez and several retired army officers.

Reducing the covered area from 10,000 sqft to 4,850 sqft in 2013 had also halted the transfer of farmhouses where the built-up property was larger than the prescribed limit. Under this scenario, the CDA was losing revenue in the shape of a transfer fee.

Published in The Express Tribune, June 6^th, 2018.