SC halts demolition of illegal buildings in Bani Gala

SC gives CDA six months to review buildings for regularisation, directs for bi-monthly reports to be submitted


News Desk September 18, 2018
Supreme Court of Pakistan. PHOTO: AFP

The demolition of illegal structures in the Bani Gala area of the federal capital was halted by the country's top court as the Capital Development Authority (CDA) was directed to review structures that should be regularised, Express News reported.

A full bench headed by Chief Justice Saqib Nisar and comprising Justice Ijazul Ahsan and Umar Ata Bandial on Tuesday heard a petition against Islamabad High Court's (IHC) verdict declaring buildings built in Bani Gala and Sector E-11 as illegal and in violation of the city’s master plan.

During the hearing, the top court gave CDA six months to review the buildings and submit bi-monthly reports before the bench. Reiterating the IHC order to halt on-going construction, Justice Nisar warned that even an inch of construction will be liable to contempt of court.

The petitioner’s lawyer, Waseem Sajjad, said it remained unclear who controlled the area. “The CDA has not acquired the land yet the IHC declared it to be under CDA jurisdiction,” he said.

“No construction can begin without CDA's permission,” said Justice Nisar as he observed that if the area fell under Islamabad’s master plan then it would be in CDA's authority.

In Bani Gala, Sector E-11: CDA, ICTA plan to tackle illegal buildings

In July, a larger bench of the IHC had declared that houses or any other buildings constructed in the upscale Bani Gala or Sector E-11 (Golra Revenue Estate) are in violation of the capital’s master plan and were illegal and liable to be demolished.

The bench divided petitions against high-rise buildings and other buildings of commercial nature in the capital into category-A (Bani Gala) and category-B (Sector E-11).

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“We allow these petitions and declare that construction of houses or buildings of any nature, whether in the Golra Revenue Estate (Sector E-11) or the area comprising Bani Gala which have been or are intended to be constructed in violation of the master plan, the Ordinance of 1960, the Zoning Regulations of 1992, the Ordinance of 1966 and the Wildlife Ordinance of 1979, as the case may be, are illegal, without lawful authority and jurisdiction and thus liable to be demolished as mandated under the Ordinance of 1960 and the regulations made thereunder,” the bench stated in the judgment.

COMMENTS (2)

Sikandar Kamal | 5 years ago | Reply BaniGala , Even CDA has never shown interest in developing that side of Islamabad, No Gas Connections what so ever, No roads Carpeting, No proper sewerage lines , Just Claim its a part of Islamabad , haven't purchased the land yet
Sameer | 5 years ago | Reply IHC verdicts are non neutral.
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