Cannot give fertile lands to build housing societies: SC

Apex court seeks explanation on the land acquisition process

ISLAMABAD: The apex court on Monday remarked that it is not possible to give away the fertile lands of people to the Supreme Court Bar Association (SCBA) so that they can build a housing scheme on it.

This was remarked as a four-member bench of the Supreme Court (SC), headed by Justice Mushir Alam, heard a case regarding the acquisition of land in the Tamma and Moorian villages by the now-defunct Federal Government Employees Housing Foundation (FGEHF).

At the outset of the hearing, Justice Ijazul Ahsan asked how could the government hand over fertile lands, owned by people, to the SCBA for setting up a housing scheme.

SCBA counsel Rasheed Rizvi argued that the land procured for the housing scheme was completely barren and offered a tour of the site for the bench.

Justice Ahsan remarked that the real question before them relates to the Land Acquisition Act.

He further asked SCBA representative whether it was possible to procure this land according to the Capital Development Authority (CDA) Ordinance and whether a private firm could do so as well.

The counsel replied that the laws, on which other respondents in the case were relying on, did not apply to them and commented that the land could be procured if two dozen members of the private firm were renowned.

In this regard, he stated that as many as 2,800 SCBA members are widely known.

Justice Ahsan, however, remarked that cases against the verdict of high courts and other courts were being heard by the related forums and that the SC has clarified in its orders that government institutions should work according to the law.

The case was then adjourned until Tuesday.

In its previous hearing, the apex court had noted that the FGEHF cannot build structures in violation of the master plan of the federal capital. Residents of the Tamma and Moorian villages had challenged the acquisition of land for the SCBA housing society in court, claiming that agricultural land falling in Zone IV of Islamabad cannot be acquired for the development of a housing society.

The Islamabad Capital Territory (ICT) is divided into five zones under the master plan and the geographical distribution and its boundaries were identified in the Islamabad Capital Territory (Zoning) Regulations 1992.

Land of Mauza Tama and Moorian fall in Zone IV  and as per Regulation 4 (A) (b) it can only be used for the development of institutional projects of national importance, sports and recreation structures, greenbelts, orchards, farming schemes, nurseries and for the rehabilitation of affected people.

However, when the CDA and FGEHF tried to evict the locals of Mauza Tamma and Mauza Moorian in October last year, the villagers retaliated violently. Two policemen were injured due to brick batting by the residents. However, police limited their response to baton charge and tear gas practising restraint to avoid any casualty.

Subsequently, SC had stopped the Islamabad administration from carrying out operation regarding the land acquisition of Tama and Moorian for SCBA’s housing society.

Published in The Express Tribune, January 14^th, 2020.