Top court questions civic agency move

Decision has been taken in view of severe housing shortage: CDA chairman

ISLAMABAD:

The Supreme Court has questioned the rationale behind a proposal to convert land that houses an agriculture research centre into a housing colony.

The apex court gave the observation on Monday on a petition filed by employees of the Pakistan Agricultural Research Council (PARC) and office-bearers of the Pakistan Agriculture Research Staff Association).



The petitioners have challenged a proposal forwarded by the Capital Development Authority (CDA) to the prime minister seeking his nod to convert the 1395.2-acre land that houses the National Agricultural Research Centre (NARC) into a housing society.

The summary is currently pending with the PM Office for approval.

A three-member bench headed by Chief Justice Anwar Zaheer Jamali ordered to maintain the status quo until the next hearing.

When the case was taken up, CDA Chairman Maroof Afzal told the court that the decision has been taken in view of the severe housing shortage in Islamabad.

“Plenty of land is available across Islamabad where this venture can be done,” Justice Jamali observed, asking if the research being carried out by PARC on the land was not serving the country’s interest.

“Is it mandatory to uproot a national institution to cater the city’s housing needs?” he questioned.

Another member of the bench, Justice Amir Hani Muslim, observed “It seems [for the government] developing a housing society is in national interest than carrying out research in the agriculture sector.”

The 1395.2-acre land out of the protected National Park Area in Chak Shahzad was given to the Ministry of Food and Agriculture in 1975 on a 30-year soft lease. Later, the ministry handed over the land to the PARC, which utilised 120 acres for construction of an official complex, 25 acres for residential complex while developing experimental fields on the rest. NARC is administered by the PARC and is used for research purposes.

In 2005, the 30-year lease agreement expired, which is yet to be renewed.

The CDA in its report submitted to the court alleged that PARC violated the land use agreement by erecting unapproved structures and the lease agreement could not be renewed.

Petitioners’ council Qamar Afzal told the court that multiple efforts were made to renew the lease agreement but in vain.

“Not only the CDA’s but also the prime minister’s help was sought to resolve the issue but it remained futile,” Afzal said.

The court directed the CDA to produce in the next hearing a complete record of land it owns across Islamabad, laws governing the land and terms and conditions under which land has been given to government institutes.

CDA counsel Hafiz Rahman sought time to file a reply on the court’s queries. The court adjourned the case till October 26.

Published in The Express Tribune, October 6^th, 2015.