The Islamabad High Court (IHC) on Monday reserved its judgment in the case relating to the allotment of plots to judges, bureaucrats and government employees in sectors F14 and 15 of the federal capital.
A division bench, comprising Chief Justice Athar Minallah and Justice Mohsin Akhtar Kayani, heard the case.
The Federal Government Housing Authority (FGHA) or Ministry of Housing director general and secretary appeared in court during the hearing.
Justice Minallah reprimanded the DG as well as the secretary, saying: “You had asked the court for time to formulate the policy of the federal government. Meanwhile, the DG filed an appeal in the Supreme Court.
“DG Sahib, by which order were you affected that you filed an appeal?”
Chief Justice Minallah, while expressing his anger, said, “You are saying something else here and doing something else.”
The federal secretary said that the government has formulated a policy.
CJ Minallah questioned whether it is the right of civil servants to get the plot. “If it is the right of government employees, then all government employees should get it instead of just officers.”
The additional attorney general said that the court decision was placed before the cabinet and the cabinet constituted a committee.
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The secretary said that the policy was that plots would be allotted only to the federal government employees. “Journalists, lawyers and others have been excluded from the policy.”
The court said that when the plot allotment was solely for employees of the federal government then the judges were also not in it.
The secretary said that the authority for the allotment of plots to judges will be sent by the chief justice’s registrar to them.
CJ Minallah inquired, “Can a federal government employee take a plot and sell it? Then this money from the public treasury will go into the pockets of private people.
“How can we allow the basic rights of the people to be taken away?”
An irked IHC CJ said, “Give this plot at market rate, otherwise it will be injustice with the rest of the citizens.
“How can this court allow the violation of fundamental rights?
“With this money, make the homes for the homeless labourers, as an amount of Rs3 billion will go from the public exchequer into the pockets of private people.”
Justice Minallah wondered, “Why not build hospitals with this money. Why not control inflation? How can this conflict of interest be resolved?”
Justice Minallah remarked that the interest of the Supreme Court judges had increased.
Akram Sheikh Advocate said that the proceedings of this court were scandalising the judges of the Supreme Court.
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“The proceedings of this court seem to be benefiting the judges of the Supreme Court,” he said, complaining that the secretary and DG were called on Sunday.
“There is no king and queen system. This country is running under the Constitution.”
CJ Minallah said, “If it is a matter of fundamental rights of the people, the court will also be held on Sunday.”
Justice Minallah said that a plot worth Rs50 million is being given for Rs4 million.
The secretary said that the decisions of this court were placed before the prime minister and he agreed with them. “The prime minister said that the law on land acquisition would also be changed.” After that, the secretary said, the CDA and the FGHA will not acquire land.
After hearing the arguments, the court reserved its decision.
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