Balochistan top court declares certain clauses of DHA Act unconstitutional

A five-member bench, headed by BHC CJ Jamal Mandokhail, annuls permission given to DHA for land acquisition

QUETTA:

The Balochistan High Court (BHC) has declared certain provisions of the DHA [Defence Housing Authority] Act 2015 unconstitutional and annulled the permission given to the DHA for acquisition of land.

A five-member bench – headed by BHC Chief Justice Jamal Mandokhail and comprising Justice Naeem Akhtar Afghan, Justice Hashim Kakar, Justice Abdul Hameed Baloch and Justice Abdullah Baloch – announced the verdict on the plea of lawyer Kashif Kakar.

The court declared clauses “Six B 1-14, 14-B” unconstitutional while the permission given to the DHA executive board to use the specific area was also declared null and void.

The court said in its orders that the DHA should not be allowed to use the land and declared acquisition of land unconstitutional.

"Only federal and provincial governments can acquire land in the public interest. In 2015, the then governments did not have the power to acquire land from a private or non-government entity," the court said in the verdict.

The court said in a verdict that non-governmental institution was given permission by provincial government and legislators instead of government institution.

“Legislators have the power to legislate and amend but it should not conflict with the constitutional provision as enacted by the DHA 2015 Act," the order stated.

"It shows the incompetence of the then government and members of the Assembly," it added.