The Islamabad High Court (IHC) on Monday reserved its judgment in a case about the allotment of plots to government employees in sectors F-14 and F-15.
A division bench comprising IHC Chief Justice Athar Minallah and Justice Mohsin Akhter Kayani reserved the judgment after listening to arguments from respondents.
At the outset of the hearing, the secretary Ministry of Housing and Works and Director General Federal Government Employees Housing Authority (FGEHA) appeared before the bench. The IHC chief justice expressed annoyance at the federal secretary and noted that he had sought time from court till the formation of policy by the government but the DG FGEHA moved an appeal to the top court in the meanwhile, he said. The court asked the DG that under what law he was affected.
The secretary of housing adopted the stance that the federal government had formed the policy regarding the matter, adding that the plots would be given to the civil servants of the only federal government. Journalists, lawyers and others had been excluded from the policy, he said adding that the seniority would be decided per the age.
The court asked whether it was the right of a civil servant to get plots and if yes, then it should be given to all government employees instead of only officers.
The Additional Attorney General informed the court that the cabinet had formed a committee after the matter placed before it. The IHC chief justice remarked that if the plots allotments had been limited to only federal employees, then judges also did not fall in this category. The secretary said the chief justice would send the matter to the authority through the registrar office. He said that the FGEHA was now going to develop sectors F-14, F-15 and Park Road.
The IHC chief justice asked that whether the government employee would be able to sell his plot, if yes, then the money of exchequer would go into the pockets of private people. How the court would permit violation of basic human rights, he asked. The court said these plots should be given on market rates otherwise it would be an injustice to other people. This money should be used to give houses to the poor people, he remarked.
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Akram Sheikh adopted the stance this country was running under a constitution as there was no imperialism.
He said that the secretary and the DG were summoned through phone calls on Sunday. The chief justice remarked that the court would work even on holiday if there was a matter of human rights.
The secretary of housing said the government servants who had not received plots previously would be accommodated on a priority basis. Plots less than 10 marlas could not be prepared in the F sector under the law, he added.
The IHC chief justice remarked that the authority had allotted a plot to every member. Was it not a contradiction of interest, he asked. The secretary said the board members had not decided to take plots as board members. He said as he had taken plot as a government employee but had not taken as member authority. The court remarked that the plot worth Rs50 million was being given against only 4 million.
Everyone knows what happened in land acquisition in this city, he said, adding that 11 thousand people had been waiting for compensation since 1960 against their lands.
The secretary of housing said the decisions of the court were placed before the prime minister who also endorsed it. The prime minister had said that the government would also change the land acquisition law after which the Capital Development Authority and the FGEHA would not be able to acquire lands.
Published in The Express Tribune, November 23rd, 2021.
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