Illegal land acquisition: IHC division bench upholds ruling on FGEHF allotment
Dismisses intra-court appeals against the judgment
The Islamabad High Court. PHOTO: EXPRESS
ISLAMABAD:
An appeal filed by a housing society, against a judgment which had declared as illegal the acquisition of land for the scheme, was dismissed by a division bench on Tuesday, upholding the earlier verdict of the single bench.
A division bench of the Islamabad High Court (IHC), comprising Justice Aamer Farooq and Justice Mohsin Akhtar Kayani, upheld a judgment by Justice Athar Minallah wherein he had declared that the acquisition of land for the Federal Government Employees Housing Foundation (FGEHF) in sectors F-14 and F-15 were illegal.
The division bench, which had reserved its verdict last month, pronounced its judgment on the Intra-court Appeals (ICAs) against Justice Minallah’s decision on land acquired for FGEHF in the two sectors.
The court ruled that all the appeals were dismissed.
IHC’s Justice Minallah had ruled that the state has no obligation to provide land in the shape of largess, but if it does, then it must be available to every citizen on the same terms.
In his judgment, over petitions filed by natives of the area against the land acquisition process, Justice Minallah had noted that people may own multiple properties in Islamabad or they could be earning a seven-digit salary, and yet they would be entitled to the pecuniary benefits at the expense of land but the “scheme does not include the homeless and needy citizens.”
He had further ruled that the prime minister, as the chief executive of the country, was not empowered to approve a summary which had the effect of the sale or disposition of property vested in and owned by the government in a non-transparent manner.
In the judgment, Justice Minallah had stated that land within the Islamabad Capital Territory (ICT) can only be acquired under the Capital Development Authority’s Ordinance of 1960. He ruled that the FGEHF — 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.
The judgment had declared that “all actions and orders relating to acquiring land for the Foundation in sectors F-14 and F-15 are declared as illegal, void and without jurisdiction and legal effect besides being ultra vires the Constitution and the law.”
“There is also no explanation why teachers employed in private schools, drivers who are privately employed, engineers and doctors in private sector, carpenters, sweated labour or others engaged in many other professions have been left out while journalists and lawyers have been included,” he had stated.
He had added that there is no explanation why largess was available to people who are privileged and wield influence in society while the less privileged, downtrodden, and shelterless have no access to such lucrative financial benefits, including those who were evicted from slums in Sector I-11 and their mud houses were bulldozed.
Justice Minallah stated that it is difficult to understand that why allotment of plots in Sector G-13 to selected judges, two senior lawyers apart from those for a former naval chief were approved while the shelterless struggling young lawyers were ignored.
Journalists and media workers, who are supposed to hold the state organs accountable by exposing their misdeeds to the people of Pakistan, have also been made stakeholders, he had noted, adding that lawyers who should defend the affectees and highlight their grievances relating to violations of their fundamental rights are also a part of the state largess.
“The state has no commitment to give a plot in a non-transparent manner to the judges, journalists, lawyers or any other beneficiary of the foundation,” he stated. Justice Minallah had ruled that private financial gain is an antithesis of public service and “Every inch of land which vests in the government belongs exclusively to the people of Pakistan.”
“The capital of the Islamic Republic of Pakistan has become a classic example of the rule of men rather than rule of law,” he had expressed. “Justice delayed is justice denied, but it’s never too late to put an end to the perpetuation of injustice,” he added.
The prime minister had approved schemes in sectors F-14 and F-15 on May 1, 2015. Its award was finalised on November 15, 2016, covering an area measuring 7,003 kanals which had to be acquired from 650 affectees. Of these, 280 filed references in the court.
Last week, the Capital Development Authority (CDA) had cancelled the layout plan approval granted to Jinnah Gardens Housing Scheme-I, having previously cancelled similar approvals for the scheme-II of the project.
Published in The Express Tribune, September 26th, 2018.
An appeal filed by a housing society, against a judgment which had declared as illegal the acquisition of land for the scheme, was dismissed by a division bench on Tuesday, upholding the earlier verdict of the single bench.
A division bench of the Islamabad High Court (IHC), comprising Justice Aamer Farooq and Justice Mohsin Akhtar Kayani, upheld a judgment by Justice Athar Minallah wherein he had declared that the acquisition of land for the Federal Government Employees Housing Foundation (FGEHF) in sectors F-14 and F-15 were illegal.
The division bench, which had reserved its verdict last month, pronounced its judgment on the Intra-court Appeals (ICAs) against Justice Minallah’s decision on land acquired for FGEHF in the two sectors.
The court ruled that all the appeals were dismissed.
IHC’s Justice Minallah had ruled that the state has no obligation to provide land in the shape of largess, but if it does, then it must be available to every citizen on the same terms.
In his judgment, over petitions filed by natives of the area against the land acquisition process, Justice Minallah had noted that people may own multiple properties in Islamabad or they could be earning a seven-digit salary, and yet they would be entitled to the pecuniary benefits at the expense of land but the “scheme does not include the homeless and needy citizens.”
He had further ruled that the prime minister, as the chief executive of the country, was not empowered to approve a summary which had the effect of the sale or disposition of property vested in and owned by the government in a non-transparent manner.
In the judgment, Justice Minallah had stated that land within the Islamabad Capital Territory (ICT) can only be acquired under the Capital Development Authority’s Ordinance of 1960. He ruled that the FGEHF — 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.
The judgment had declared that “all actions and orders relating to acquiring land for the Foundation in sectors F-14 and F-15 are declared as illegal, void and without jurisdiction and legal effect besides being ultra vires the Constitution and the law.”
“There is also no explanation why teachers employed in private schools, drivers who are privately employed, engineers and doctors in private sector, carpenters, sweated labour or others engaged in many other professions have been left out while journalists and lawyers have been included,” he had stated.
He had added that there is no explanation why largess was available to people who are privileged and wield influence in society while the less privileged, downtrodden, and shelterless have no access to such lucrative financial benefits, including those who were evicted from slums in Sector I-11 and their mud houses were bulldozed.
Justice Minallah stated that it is difficult to understand that why allotment of plots in Sector G-13 to selected judges, two senior lawyers apart from those for a former naval chief were approved while the shelterless struggling young lawyers were ignored.
Journalists and media workers, who are supposed to hold the state organs accountable by exposing their misdeeds to the people of Pakistan, have also been made stakeholders, he had noted, adding that lawyers who should defend the affectees and highlight their grievances relating to violations of their fundamental rights are also a part of the state largess.
“The state has no commitment to give a plot in a non-transparent manner to the judges, journalists, lawyers or any other beneficiary of the foundation,” he stated. Justice Minallah had ruled that private financial gain is an antithesis of public service and “Every inch of land which vests in the government belongs exclusively to the people of Pakistan.”
“The capital of the Islamic Republic of Pakistan has become a classic example of the rule of men rather than rule of law,” he had expressed. “Justice delayed is justice denied, but it’s never too late to put an end to the perpetuation of injustice,” he added.
The prime minister had approved schemes in sectors F-14 and F-15 on May 1, 2015. Its award was finalised on November 15, 2016, covering an area measuring 7,003 kanals which had to be acquired from 650 affectees. Of these, 280 filed references in the court.
Last week, the Capital Development Authority (CDA) had cancelled the layout plan approval granted to Jinnah Gardens Housing Scheme-I, having previously cancelled similar approvals for the scheme-II of the project.
Published in The Express Tribune, September 26th, 2018.