islamabad - The Islamabad High Court yesterday turned down a petition challenging the city’s luxury housing scheme, Park Enclave-II, as a petitioner demanded low-cost units be included in the scheme.

A single bench of IHC comprising Justice Aamer Farooq conducted hearing of the petition and dismissed it by declaring that it is “the sole and prerogative right” of Capital Development Authority to introduce or float any size of plots in a housing society. The bench further noted in its judgement that there is no violation of Article 25 of the Constitution if the civic body places bigger sized plots in a housing society.

The Capital Development Authority has been criticised for offering mega plots for the construction of exclusive luxury housing. In this connection, a petition before the Islamabad High Court claimed that the state body has violated constitutional provisions guaranteeing fundamental rights for all. The petitioner is an aluminium worker who believes the scheme is discrimination towards the poor and middle class people.

On the other hand, the writ angered wealthy investors who are eying up plots in the development. Mubashir Akram, a potential buyer of plot in this scheme, said that there is no illegality in this scheme. “Everywhere in the world, posh areas are established for the rich people,” said Akram. Shehzad Mughal also expressed anger at the petitioner, saying there are many sectors in Islamabad which are for the lower and lower middle class. “Similarly, posh areas could also be established for those who can afford this kind of lifestyle,” he added.

Muhammad Ameer Khokhar, the petitioner, was represented by his counsel Yasir Mehmood Chaudhary. The Capital Development Authority (CDA) and its director estate management were named as respondents.

Yasir stated in the petition that CDA on December 10, 2015 announced Park Enclave-II housing scheme wherein only plots measuring 50x90 are available. Khokhar is a member of the lower income groups and has no plot or house in Islamabad. “That CDA is the state institution and while announcing the present scheme, it has not created the small-sized plots for the people of lower income group, which is the discrimination,” added the counsel.

He contended that the scheme is violation of the Constitution as CDA only announced plots measuring 50’x90’ size instead of announcing the smaller size plots that is 25’x40’, 25’x50’ by wilfully ignoring the lower income groups of the society. Therefore, he prayed to the court to declare the Park Enclave-II Scheme as illegal and directions may be issued to the respondents to re-shape this housing scheme.