The Islamabad High Court (IHC) on Monday stopped the Capital Development Authority (CDA) from demolishing huts in Sector E-11 in the federal capital till the end of winter.
When IHC Chief Justice Athar Minallah took up the case regarding illegal constructions in Sector E-11, CDA lawyer Hafiz Arafat Ahmed informed the court that the NLC-run factory in the area had been closed and now and its material was being shifted.
The CDA lawyer told the court that “we did not give the NOC for the establishment of the factory, but they are the powerful people and they set up it there”.
Adnan Haider Randhawa, Omar Ijaz Gilani and Daniel Hassan appeared in the court as amicus curia during the hearing.
The court directed the CDA not to remove the huts in winter as per the wishes of the slum dwellers.
The court said that the CDA chairman should tell the court (today) what steps had been taken by the civic agency for (a housing scheme) for the low-income groups according to its master plan.
IHC Chief Justice Athar Minallah asked if the slum dwellers have no right? Did you make any plans for them? There is lawlessness in the city. You are developing this city only for the elite?
The judge remarked that the CDA was violating its own ordinance.
“The CDA is not enforcing its own law. We also repeatedly pointed out in the previous decisions,” the judge observed telling the CDA member that he was also mocking the decisions of the court.
The IHC chief justice told the CDA lawyer that the civic agency was for the service of the people at large and not for the service of the elite.
“The court will ensure that the rule of law prevails in Islamabad. You only send notices to the people and go after huts to demolish them. You don’t touch the powerful. I would say that if the high court does something wrong, then file a case against the court as well. It will only make us happy,” the judge remarked.
The IHC chief justice said that Islamabad was the only city that was being supervised by the prime minister and the federal cabinet. “You didn't even know your rules. In the Bani Gala case decision, we told you what the law is. This city is being developed for the powerful people only,” the judge remarked.
The judge remarked that what could be a greater tragedy for the state that no one in the CDA has read the contents of its master plan.
The CDA's lawyer said that there was no doubt that the court has given big decisions for the betterment of CDA and the city.
The IHC chief justice said that the mindset of the state was not to serve the people.
The CDA lawyer said that the civic agency has improved a lot after the decisions of the high court.
“The federal government is also helpless. If the law is not implemented, criminal proceedings under the law could be initiated against the CDA chairman and its members.
The IHC chief justice directed the CDA to stop action against slum-dwellers and huts in Sector E-11 till the end of winter. The court also sought details about any scheme for low-income citizens by the CDA. The court adjourned a further hearing of the case till Tuesday (today).
Published in The Express Tribune, January 11th, 2022.
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