Court bars CDA from demolishing slum

ISLAMABAD:

Islamabad High Court (IHC) Chief Justice Athar Minallah on Tuesday stopped the Capital Development Authority (CDA) from carrying out an operation against a slum in Sector E-11 of Islamabad.

The high court suspended the notices issued by the CDA to slum dwellers and ordered the civic agency to first demolish a factory operating next to the slums if it was illegal.

The IHC was told the area was being cleared due to being a green belt. The court was informed that an illegal building was also constructed in the area in violation of the law.

The court asked who issued the no-objection certificate (NOC) to the factory? If the CDA has given the NOC, it should satisfy the court under which law it had been issued?” The court said that slum-dwellers also have rights and the court would not allow violation of their rights.

During the hearing, three lawyers, Adnan Haider Randhawa, Omar Ejaz Gilani and Daniel Hassan, who visited the slums in E-11 as amicus curiae and presented a report, pointing out that a factory adjacent to the slum was operating.

CDA lawyer Hafiz Arafat informed the court that we have issued notices to the slum dwellers but no operation has been started yet.

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The IHC chief justice inquired as to how the factory was constructed there.

Was that on acquired land? The CDA officer replied that “I think the land where the factory has been built belongs to forces headquarters.” The IHC chief justice asked that the CDA was giving notices to slum-dwellers but was it also taking any action against the factory.

Expressing anger at the CDA, the judge said: “Is there no law here? Is there no regulation here? Every day the court is surprised that people do whatever they want. You just see slum-dwellers, but you do not see the factory?

The CDA officer said that he would bring the matter to the notice of the member planning. The IHC chief justice said that it was not an issue of bringing it to the notice of someone. If the factory is illegal, then go and take action. If you cannot see the factory, then how do you see slum-dwellers?

The court barred the CDA from carrying out an operation against the slums unless taking an action against the factory. It ordered the CDA to demolish the factory first, if it is illegal, even if it belongs to NLC and inform the court.

The court adjourned hearing of the case till January 10.

 

Published in The Express Tribune, December 15^th, 2021.