IHC directs CDA to identify all illegal housing societies
Court expresses anger at 'inaction' by the authority, cooperative housing societies registrar
PHOTO: FILE
ISLAMABAD:
The Islamabad High Court (IHC) expressed its dissatisfaction on Thursday over the Capital Development Authority's report pertaining to illegal housing projects by state agencies and departments.
A single bench comprising IHC Chief Justice Athar Minallah heard the 45 cases of illegal housing societies, which have been clubbed together.
The bench directed CDA and the Cooperative Housing Society registrar to submit their reports again, identifying all illegal housing societies in the federal capital.
Islamabad Deputy Commissioner Hamza Shafqat appeared before the court, but the absence of CDA's planning member drew the court's ire.
Upon inquiry, CJ Minallah was informed by the CDA representative that the planning member was on his way.
Under which authority are the names of government departments being used, asked CJ Minallah of the housing society registrar.
The registrar maintained that no housing society has been registered in the past 10 years. The court noted this as a major failure in the implementation of the rule of law pertaining to illegal housing schemes in the capital territory.
Could there be a stronger example of a violation of the law, inquired the chief justice, directing his anger towards the CDA and the registrar. The former is a facilitator in these illegal housing schemes, observed CJ Minallah.
The bench further inquired what role did the home ministry and the Intelligence Bureau have to play in housing societies. Why is their name being used, and isn't this a conflict of interest, asked the chief justice.
The bench put forth the same questions for the Pakistan Navy and asked under which authority was the Pakistan Navy using its name for a housing society.
At this, the lawyer representing the Pakistan Navy stated that there were some 500 such housing societies. There is also a housing society with the Supreme Court's name, he said.
The lawyer maintained that there were also current members of federal agencies who were also members of housing societies.
Even if there is a housing society with the name of this high court, the rule of law needs to be upheld, remarked CJ Minallah. Directing his anger towards the lawyer, the chief justice noted that in this manner state departments and institutions were setting the wrong example. If someone else commits murder, will you murder too, asked the chief justice of the lawyer.
The court also noted that the Federal Investigation Agency had filed a case against the contractor of its own housing society, and dubbed the matter strange.
Meanwhile, expressing annoyance with the CDA, the chief justice said that if the authority could not take action against illegal housing societies it should not demolish khokas and the like either.
Terming the attitudes of the CDA and the registrar as criminally negligent, CJ Minallah observed that the CDA demolishes constructions of the poor but does not take action against influential people. Those affected by such actions have been awaiting compensation since 1960, noted the bench.
It would be better if the court identifies all illegal societies by name, maintained the Islamabad advocate-general while adding that there shouldn't be any housing societies by the names of departments.
The court sought fresh reports from the CDA and the registrar of housing societies. The hearing was adjourned till next month.
The Islamabad High Court (IHC) expressed its dissatisfaction on Thursday over the Capital Development Authority's report pertaining to illegal housing projects by state agencies and departments.
A single bench comprising IHC Chief Justice Athar Minallah heard the 45 cases of illegal housing societies, which have been clubbed together.
The bench directed CDA and the Cooperative Housing Society registrar to submit their reports again, identifying all illegal housing societies in the federal capital.
Islamabad Deputy Commissioner Hamza Shafqat appeared before the court, but the absence of CDA's planning member drew the court's ire.
Upon inquiry, CJ Minallah was informed by the CDA representative that the planning member was on his way.
Under which authority are the names of government departments being used, asked CJ Minallah of the housing society registrar.
The registrar maintained that no housing society has been registered in the past 10 years. The court noted this as a major failure in the implementation of the rule of law pertaining to illegal housing schemes in the capital territory.
Could there be a stronger example of a violation of the law, inquired the chief justice, directing his anger towards the CDA and the registrar. The former is a facilitator in these illegal housing schemes, observed CJ Minallah.
The bench further inquired what role did the home ministry and the Intelligence Bureau have to play in housing societies. Why is their name being used, and isn't this a conflict of interest, asked the chief justice.
The bench put forth the same questions for the Pakistan Navy and asked under which authority was the Pakistan Navy using its name for a housing society.
At this, the lawyer representing the Pakistan Navy stated that there were some 500 such housing societies. There is also a housing society with the Supreme Court's name, he said.
The lawyer maintained that there were also current members of federal agencies who were also members of housing societies.
Even if there is a housing society with the name of this high court, the rule of law needs to be upheld, remarked CJ Minallah. Directing his anger towards the lawyer, the chief justice noted that in this manner state departments and institutions were setting the wrong example. If someone else commits murder, will you murder too, asked the chief justice of the lawyer.
The court also noted that the Federal Investigation Agency had filed a case against the contractor of its own housing society, and dubbed the matter strange.
Meanwhile, expressing annoyance with the CDA, the chief justice said that if the authority could not take action against illegal housing societies it should not demolish khokas and the like either.
Terming the attitudes of the CDA and the registrar as criminally negligent, CJ Minallah observed that the CDA demolishes constructions of the poor but does not take action against influential people. Those affected by such actions have been awaiting compensation since 1960, noted the bench.
It would be better if the court identifies all illegal societies by name, maintained the Islamabad advocate-general while adding that there shouldn't be any housing societies by the names of departments.
The court sought fresh reports from the CDA and the registrar of housing societies. The hearing was adjourned till next month.