Regularising Bani Gala properties: SC wants premier Imran to be first to pay fine

Turns down review petition to demolish encroachment on banks of Korang

ISLAMABAD: The top court on Tuesday asked the prime minister — who owns a sprawling mansion in the Bani Gala locality of the federal capital — to first pay the fine and then ask others in the neighbourhood to get their properties regularised.

This was directed by a three-member bench of the Supreme Court (SC), headed by Chief Justice of Pakistan Mian Saqib Nisar, as it heard a suo motu case regarding encroachment in Bani Gala.

The apex court also set up a committee, with special powers, to ensure regularisation of properties in Bani Gala.

The interior secretary will head the committee while the Capital Development Authority (CDA), secretaries of housing and climate change along with the director general of the Pakistan Environment Protection Agency (Pak-EPA) will be its members.

The committee has been given 10 days to finalise a process for regularising structures in Bani Gala.

The CJP said that the prime minister’s house will be the first to be regularised and that after he has paid the fine, the premier should appeal others in Bani Gala to regularise their properties as well.

“The people should know that Prime Minister Imran has paid the fine,” Nisar said, adding that “Imran should solve the issue of Bani Gala on war-footing.”

The CJP said construction in Bani Gala only violated town planning procedures, hence demolishing such structures would not be justified.

"We will not grant permission for construction of new buildings until the regularisation issue is sorted out," he added.

During Tuesday’s hearing, the CJP also asked about the progress made in cleaning the waters in Rawal Dam of pollution, as promised under the 100-day plan of the ruling Pakistan Tehreek-e-Insaf (PTI).

The additional attorney general told the court that waters of Rawal Lake were being contaminated by the refuse discharged from 50 union councils and 59 housing societies which poured into the lake.

Chief Justice Nisar remarked that the court wanted to see the performance of the incumbent government since the petition regarding the pollution in Rawal Lake was moved by one of its members.

"We also want the water and environment to be clean as well and will look into the matter regarding Rawal Lake contamination separately."

Korang Nullah encroachment

The top court also took up a review petition over its orders to remove properties built on the banks of the Koran Nullah.

CJP Nisar clarified that they did not order to evacuate landowners, rather, the direction for the anti-encroachment operation was for land located within 200 metres from the centre of the nullah.

Justice Ijazul Hasan further clarified that only those illegal constructions will be demolished which were included in the report prepared by the Surveyor-general.

The court rejected the woman’s review petition and granted her four months to move her house.

The top court also directed the CDA chairman to visit the sites of the four leased lands and to check whether they were complying with the rules or not.

The court said that if any buildings built by companies are complying with the rules, they should be allowed to continue while those violating the lease should be shut down.

The companies had ten days to vacate the buildings built against lease law, after which they would be demolished.

The case regarding the Korang Nullah was adjourned for 10 days until October 29.

WITH ADDITIONAL INPUT FROM APP 

Published in The Express Tribune, October 17^th, 2018.