The Supreme Court of Pakistan. PHOTO: AFP
ISLAMABAD: Despite the approval of its board, the Federal Government Employees Housing Foundation (FGEHF) has apparently backed out from an out-of-court settlement on compensating affectees and landowners of Sector F-14 and Sector F-15 sectors for acquiring their land.
The matter is now expected to be settled by the top court when a special bench takes up the case next week.
In 2017, the Islamabad High Court’s (IHC) incumbent Chief Justice Athar Minallah had decided petitions filed against the acquisition of land in these sectors and asked the Capital Development Authority (CDA) to take over the development of housing schemes in the areas and to judiciously dispense the plots after developing the two sectors.
The high court had also scrapped a federal government housing scheme in sectors F-14 and F-15 of the federal capital. Judges, powerful bureaucrats, influential lawyers and journalists were amongst the beneficiaries of the scheme. Later, a division bench of the IHC dismissed an appeal filed by the FGEHF against the verdict.
The matter was then taken up by the Supreme Court as former chief justice of Pakistan (CJP) Mian Saqib Nisar allowed an appeal against the high court division bench’s order and suspended the high court's rulings.
However, as many as six judges of the top court recused themselves from hearing the case for different reasons. Of the six judges, at least three judges preferred not to adjudicate on the matter as they had applied for plots in the scheme.
According to the FGEHF’s list of applicants and allottees, available on its website, seven of the serving judges of the apex court had applied for plots in the scheme. Regardless, a four-judge special bench, led by Justice Mushir Alam and Justice Umar Ata Bandial while comprising Justice Qazi Faez Isa and Justice Ijazul Ahsan will resume hearing of the case on Tuesday.
Out of court settlement:
On October 23, 2019, Faisal Naqvi — the counsel for affectees — told the bench that all parties have agreed to an out-of-court settlement and terms of the offer made by foundation need to be penned down.
The bench gave time to all parties to finalize the deal.
According to the official record, both representatives of affectees as well as housing authority working on land sharing formula prepared draft agreement.
In light of the agreement, all affectees and landowners of Sector F14 would be compensated at a rate of Rs3.3 million per Kanal, and Rs3.8 million per Kanal in Sector F-15.
It was also proposed that those owning at least four kanals of land or more on May 20, 2015, they or their legal heirs could opt for landing sharing instead of cash.
The land-sharing formula stipulated that a residential plot of a kanal or a five marla commercial plot (class-III) shall be allotted to the landowner or the afectee for every four kanals of land acquired from them.
There will be no limit to the quantum of land sharing. Such landowner must provide four kanals of land free from all encumbrances. In both cases (residential and commercial plots), and the case of development shall be borne by the landowner.
The agreement further suggested that in case landowners opt for residential and commercial plots, more than the agreed quota 50 per cent of each category then the allotment of such plots will be made through balloting.
Furthermore, it was agreed that only land in Sector F-14 and Sector F-15 will be shared with landowners.
Landless affectees or landless dweller — whose dwelling has been acquired — will be allotted a residential plot measuring 50 square feet in Sector G15/3 at the same rate as charged from the affectees of sectors G14 and G15/3.
It was further agreed that once the agreement has been finalised, no affectee will challenge it before any court either for the compensation sum or land sharing formula. It was also agreed that details of the deal will be submitted in the apex court.
A similar deal was presented before the FGEHF’s executive board. After detailed discussions, the board approved the submission of a draft agreement for the settlement between affectees and FGEHF to the top court.
However, affectees told The Express Tribune that despite the approval of the out-of-court settlement by FGEHF board, the foundation has allegedly backed out from this deal.
The foundation has also reportedly conveyed this to the apex court.
Now the special bench will hear the case on the merit from Tuesday.
Published in The Express Tribune, January 5th, 2020.
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