The Islamabad High Court (IHC) has summoned the Capital Development Authority (CDA) chairman in person on Monday to explain the legal stance the authority on Naval Farms Housing Scheme and Navy Sailing Club.
The IHC noted that regularising unauthorised structures of powerful people will be injustice to kiosk holders and vendors whose livelihoods have been destroyed in the name of anti-encroachment drives.
IHC Chief Justice Athar Minallah while hearing the petition against construction of Pakistan Navy Sailing Club on the shores of Rawal Lake noted that it was constructed without approval of the building plan from the regulator.
He remarked that the job of navy is to defend maritime frontiers rather than to construct a club. On this Ashtar Ausaf, representing naval chief, said that sports are also part of defence training.
The court remarked that the Capital Development Authority (CDA), being the regulator, has issued a notice to the sailing club.
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Justice Minallah asked Ausaf that which officer of the federal government, to which you are subordinate to, had given the permission to construct the club. The IHC chief told the consul that it was clear that you do not have the record.
He reminded that all the former prime ministers were facing NAB today because of acting like kings while making decisions. Some poor prime ministers are in jail while some are facing some cases. “Did the Cabinet Division gave any approval to build the club? You have no record of this. What if neither you nor the CDA have a record of approval?” Justice Minallah said giving the lawyer more time to produce relevant documents.
Meanwhile, Malik Qamar Afzal, lawyer of Naval Farms Housing Scheme, argued that Pakistan Navy has nothing to do with Naval Farms but naval officers are running the scheme. The court asked whether the navy took legal action against them for using the name.
Justice Minallah said that violation of law by the officers of the armed forces tantamount to jeopardizing the dignity of the uniform.
The scheme is operating in a civilian area. The court has passed an order regarding housing societies. “Will the court notice be issued to any uniformed officer? This can have serious consequences,” the IHC chief justice said. This is a commercial business. The Navy is saying that it has nothing to do with it. In that case, can the serving officers of the navy run a business? He asked the lawyer
Published in The Express Tribune, Septe0mber 13th, 2020.
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