ISLAMABAD - The Islamabad High Court (IHC) Tuesday barred the Capital Development Authority (CDA) from demolishing the ‘Katchi Abadi’ in the capital.
A single bench of IHC comprising Chief Justice of IHC Justice Athar Minallah sought a report from the CDA in this regard and also issued the notices to the Attorney General for Pakistan (AGP) keeping in view the paramount public importance of the questions raised in the petition.
The court also appointed Vice Chairman Pakistan Bar Council, Vice Chairman Islamabad Bar Council, Abid Hassan Minto Advocate, Abid Saqi Advocate and Omer Ijaz Gillani as amici curiae to assist the court in this matter.
Raja Sohail Ibad the counsel for the petitioner contended that the petitioner is one of the residents of the ‘Katchi Abadi’ that has existed since the last four decades. He also argued that there are several other residents but notices to vacate the area have been served on only a few.
The counsel also stressed that the inhabitants of the ‘Katchi Abadis’ have been treated differently because other privileged classes have been benefiting financially because of allotment of acquired state land at prices that are much lower than the market prices. He argued that inequitable distribution of assets of the state is in violation of the fundamental rights guaranteed under the Constitution.
The court also directed Director General (DG) Federal Government Employees Housing Authority ad Chairman CDA to submit a detailed report inter alia explaining why the working classes who have been living in the ‘Katchi Abadis’ are not eligible to be allotted land like the few classes who benefit from allotment of state land.
“They shall also explain whether denial of benefits to the working classes and other marginalized classes of the society, which are available to a few privileged classes does not breach the fundamental rights guaranteed under Articles 9, 14 and 25 of the Constitution,” said the IHC Chief Justice.
He also added that the Secretary Ministry of Housing and Works is directed to submit a report regarding the policy of the federal government regarding the rights of the working classes who have been living in the ‘Katchi Abadis’ for decades particular in the light of the National Housing Policy of 2011.
After issuing the aforementioned directions, the IHC bench adjourned the hearing till August 25.