Right-of-way beneficiaries’ status questioned
The three-member bench was told that Builders and Developers (BD) had not been issued an NOC granting them the right to establish a housing society. Members of the bench then asked BD’s counsel how they could claim a right of passage from the DHA when they were not legally allowed to develop the settlement. While looking at the NOC provided by the other party, the Punjab Cooperative Housing Society (PCHS), the bench inquired how the PCHS had acquired the NOC when it did not have any system for the disposal of sewerage or a right of passage for its residents.
The bench, headed by Chief Justice Iftikhar Muhammad Chaudhry and comprising Justice Jawad S Khawaja and Justice Khalilur Rehman Ramday, was told by the DHA counsel that the societies were simply trying to raise the value of their investment by “exploiting” the roads and passages of the DHA. To this, the court said that though it would not let anyone to make any area a ‘no go area’ it would also not allow anyone to exploit others’ investment for their benefit. “We cannot let the law of the jungle prevail in the country,” the chief justice remarked.
The bench observed that the judiciary could not become a party to an illegal act and would always act strictly according to law and the Constitution. It further observed that the court will stand with what was true and right. Justice Khalilur Rehman Ramday said, “We used to have a culture of discipline in the past, which we have forgotten. Like an avaricious vulture, everyone in this country has become greedy and wants only to make money.”
To this the appellant’s counsel, Maqbool Sadiq, said that people had great hopes with the judiciary. Justice Ramday responded, “The judges are not magicians. A concerted effort is needed so that things are made better overall.” The CJ added, “We need to change the culture of grabbing what belongs to others.”
The court directed that a solution be suggested which would ensure that nobody exploited the other for selfish reasons. Societies should be inter-connected through roads, public thoroughfares and there should be provision for sewerage, electricity and others utility services available to residents of a housing society. Notices were issued to the Lahore Cantonment Board, the Lahore Development Authority and the DHA for January 14 next regarding the same.
The DHA had filed appeals in the Supreme Court against an LHC decision in favour of the PCHS and the BD. The PCHS submitted that the DHA had blocked the 60-feet wide and 300 yards long road leading from Ghazi Road to Kamahan that passes through AA and BB blocks of the DHA and was not letting them use it. The counsel for the BD submitted that they had a dispute over a151-yard road leading to Fort Villas.
Published in The Express Tribune, December 25th, 2010.
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