PHOTO: FILE
In a detailed verdict, spanning five pages, on a petition filed against the governing body of Pakistan Naval Farms, the court raised questions over the commercial use of housing societies initiated by state's institutions originally aimed at housing their employees.
Authoring the verdict, IHC Chief Justice Ather Minallah directed the Capital Development Authority (CDA) to submit a report of all such housing projects in the federal capital.
The verdict said that Naeem Ahmed, the counsel representing the Pakistan Navy Naval Farm Housing Scheme, was not able to satisfy the court that the department had the mandate to initiate, manage or operate housing schemes of a commercial nature.
It further added that any such measures violated the CDA Ordinance 1960.
The PNS Farms legal director, who appeared before the bench, was directed to submit an affidavit explaining “under what authority of law the Pakistan Naval Farms are executing a housing scheme in violation of the applicable law.”
The court in its order said that CDA Planning Member Dr Shahid Mehmood could not give a plausible justification on the demolition of illegal constructions.
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“The authority also failed to take effective action against those which were being executed or managed, directly or indirectly, by institutions or departments of the state,” the verdict read.
The court went on to remark that the petition is only the tip of an iceberg as the IHC has already groaned under the weight of litigation against illegal housing schemes executed by departments, directly and indirectly.
“It is obvious that this illegal business continues unabated in the 1,400 square miles area of the Capital Territory of Islamabad.”
Regulators, as well as the federal government, are conveniently overlooking, ignoring or facilitating this flagrant undermining of the rule of law. It is alarming that the CDA and the administration of the Islamabad Capital Territory (ICT) have no hesitation in demolishing homes of people who are not privileged enough to resist.
“Illegal societies, housing projects managed, directly or indirectly, by departments and institutions are allowed to play fraud on the general public,” Justice Minallah stated in the verdict.
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The court directed the CDA board to submit a detailed report highlighting all projects which have been initiated or completed without seeking approval under the CDA Ordinance.
It instructed that the report should list all reasons for failing to take action. It shall also be explained why selective action was taken such as kiosks the privileged violators were treated differently.
Published in The Express Tribune, May 18th, 2020.
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