IHC bars CDA, FGEHF from allotting land acquired from locals

Seeks report from interior secretary on payment of compensation

ISLAMABAD: Islamabad High Court (IHC) has barred the Capital Development Authority (CDA) and Federal Government Employees Housing Foundation (FGEHF) from allotment of plots in sectors established on land acquired from the indigenous people.

IHC Chief Justice Ather Minallah was hearing the petition filed by displaced victims of sectors D-12 and 13.the petition of evictees of various sectors in Islamabad.

Government bodies, while developing the federal capital, had acquired land from local people, at times by force, on the promise of payment of compensation, which has yet to be paid in many cases.

Justice Minallah stated that the counsels for CDA could not explain the delay in payment of compensation to genuine affectees of land acquisition while it maintained that the counsels could not also give the justification of allotment of plots to some privileged people without paying compensation to those who were forced to vacate the land.

He added that CDA had not paid compensation to the affectees on one hand but on the other, it had allotted developed plots at throwaway prices in a non-transparent manner to a particular privileged class.

“In many cases, the affectees have been waiting to be compensated for the past six decades,” IHC chief justice said and added that many had died in hope of receiving compensation which was a clear violation of fundamental rights.

He directed the federal government and CDA to consider recommendations made by the commission comprising MNAs from Pakistan Tehreek-e-Insaf (PTI) including Asad Umar Raja Khurram Ali Khan and Ali Awan formed for affectees in order to resolve the issue of affectees at earliest.

In order to secure rights of the genuine affectees of land acquisition, IHC barred CDA and FGEHF from allotment of plots until every genuine affectee was adequately compensated until next hearing.

Justice Minallah instructed the secretary ministry of interior and CDA chairman to submit a comprehensive report regarding the status of compensation amount to affectees. It also asked them to submit clarification on why plots could not be auctioned for paying an amount to affectees if CDA was facing financial constraints.

He also summoned both officials in the next hearing to satisfy the court on violations of rights of those who were forcibly deprived of their properties without being compensated.

The category of plots which have been banned by IHC includes ones for employees of CDA, employees autonomous and semi-autonomous federal institutions, employees including civilians who receive a salary from defence budget along with heirs of deceased employees.

In an earlier hearing on Tuesday, IHC barred CDA from allotment of plots until it makes payment of compensation to indigenous people it evicts from the land it acquired for developing sectors.

The applicant’s counsel, Adnan Randhawa, told the court that two sectors including D-12 and D-13 were constructed on land acquired in Sangriyal, but the local people were still seeking compensation amount. 

Published in The Express Tribune, September 20^th, 2019.