Islamabad High Court (IHC) on Thursday directed the capital’s civic agency and Federal Government Employees Housing Authority (FGEHA) to resolve within week compensation related issues of the affectees of different sectors.
The court also directed the Capital Development Authority (CDA) to summon its board meeting to look into the matter and giving a course to resolve it.
The court upheld its decision regarding allotment of plots in sectors F-14, F-15 along with auction and handing over possession until the next hearing.
A single-member bench comprising IHC Chief Justice Athar Minallah presided over the cases regarding displaced people of different plots and their unpaid prolonged compensation by CDA.
IHC has sought a complete record of land acquisition and its use from CDA and FGEHA within a week in a case related to compensation to the affectees of different sectors of Islamabad.
“This is a classic case, where will the affected go after 52 years?” Minallah said, adding that there was no such precedent in the world.
There are encroachment and lawlessness in the federal capital. Justice Minallah remarked that the land grabbing continues in federal capital. The people were being deprived from their rights, he said. Two parallel policies of CDA and FGEHA were enforced in Islamabad, the court stated.
The petitioners' lawyer Hassan Man appeared before the court and adopted the stance that housing foundation had set a formula for payment of compensations to affectees but later refused to fulfill its commitment after the judgment of the top court in identical case.
The petitioner’s counsel told the court that land in Sector I-12 had been acquired by the CDA in 1968 and 1976. Plots in this sector were handed over to allottees after 40 years on October 8, 2020.
However, the allotments were cancelled gratuitously after just 20 days.
At this, the chief justice asked why were allottees given plots after 40 years and then why was the decision overturned after just 20 days.
He added that objections raised by the petitioner show an absence of rule of law.
This is the fourth time that the court has extended the stay on allotment of new plots in Islamabad since October last year. In December 2019, the court had observed that in case the CDA failed to do so, the court will auction the plots to compensate affectees.
In September 2020, the court learnt that plots had been allotted despite the court’s orders. Expressing its displeasure on the issue, the court had summoned a detailed report from the FGEHA.
“Who are the people to whom plots were allotted despite the court’s stay order? Give a report to the court. Under what authority ministry of housing kept on allotting plots despite the court’s orders. No one will be allotted plot unless compensation is paid to affectees,” the IHC had remarked.
Published in The Express Tribune, November 20th, 2020.
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