ISLAMABAD - The Islamabad High Court (IHC) Monday suspended the balloting of plots in F-14 and F-15 sectors of the federal capital.
A division bench of IHC comprising Chief Justice of IHC Justice Athar Minallah and Justice Mohsin Akhtar Kayani issued the orders while petition filed by property owners in villages Thalla Syedan and Jhangi Syedan in Islamabad district against the acquisition of their land.
The bench stated in its order that the balloting relating to allotment of plots in sectors F-14 and F-15 stands suspended till the next date of hearing. It noted, “Our order will not extend to or affect the allotments made in favour of owners whose properties have been acquired.”
The court added, “We expect that before the next date of hearing, the Federal Cabinet would have formulated a policy in conformity with public interest and public use of land acquired by the Authority. We further expect that the learned Attorney General will assist us on the next date fixed, inter alia, regarding the paramount question that the balloting in case of sectors F-14 and F15 was in conformity with public interest and public use of State property.”
The court was informed that the federal cabinet has constituted a committee headed by Federal Minister for Planning Asad Umar to review the policy regarding acquisition of land by the Federal Government Employees Housing Authority and its subsequent use i.e. its disposal.
The court noted in its order, “It appears to us that the distribution of acquired land by the Authority is not in accordance with a policy based on public interest. As pointed out in order, dated 20-08-2021, that the beneficiaries of balloting regarding sectors F-14 and F15 included those who have been convicted or dismissed from service on charges of corruption or misconduct. The crucial aspect of conflict of interest also does not appear to have been taken into consideration.”
The bench also said that it was informed that more than thirty thousand members are awaiting to be allotted plots since a long time but they have been ignored while distributing the state land consisting of sectors F-14 and F-15.
During the hearing, the bench was also informed that besides sectors F-14 and F-15, two other sectors i.e G-12 and F-12 have also been allocated to the Authority for its distribution to its members at substantially reduced rates than the current market prices.
The court said that it is estimated that in case of each sector, there will be loss of approximately Rs200 to Rs300 billion to the exchequer because the acquired land is not disposed of through auction nor offered for sale to the general public at current market rates.
It remarked that the most intrusive power of the State and a fundamental attribute of its sovereignty is its inherent power to condemn private property and transfer its ownership to the government without the consent of its owner. Later, the IHC bench deferred hearing in this matter till October 14 for further proceedings.