ISLAMABAD - The Islamabad High Court (IHC) Friday issued the directions to the Capital Development Authority (CDA) to immediately remove all encroachments from the federal capital. 
A single bench of IHC comprising Chief Justice of IHC Justice Athar Minallah issued the directions in a petition seeking court directions to bar the CDA from demolishing the slum settlements in Islamabad Capital Territory. 
During the hearing, the IHC bench directed the authorities to demolish all buildings constructed outside the allotted plot line. Demolish houses and buildings constructed around nullahs, it added. 
It also directed to build a boundary wall around the Korang Nullah and launch crackdown on people living around it. The court further ordered the CDA to act as per law without any discrimination. The IHC chief justice said that all stay orders on encroachment operations on government land should be declared null and void. 
He also summoned a report from the CDA on Islamabad’s slum areas and the provision of basic facilities for its residents from the authority. Later, the bench deferred the hearing for two weeks for further proceedings. 
In this matter, the court has 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. 
Earlier, Justice Athar noted in his order that it is an admitted position that 10 such settlements have been declared as legal and proprietary rights have been granted to more than four thousand inhabitants. 
However, he added that it has been reported that the living condition of the inhabitants are inhuman, cruel and in violation of the guaranteed fundamental rights. It has been reported that these settlements have existed since decades. 
The IHC bench noted that vide orders, dated 13-01-2016 and 11-02-2016, passed by the august Supreme Court in Constitutional Petition No.41 of 2015 titled ‘Asim Sajjad Akhtar and others v. Federation of Pakistan and others,’ directions were, inter alia, given to the Capital Development Authority and other land development state agencies. 
“It appears that meaningful action has not been taken by any entity pursuant thereto,” he added. He further said, “It appears to this Court that, prima facie, the development model pursued by the federal government and the entities under its control is based on benefiting the privileged classes while the marginalised and poor sections of the society, particularly the shelterless are ignored. Such state policies result in inequitable distribution of state assets, which forms the root cause for poverty, hunger, homelessness and most of the other vices that beset humanity.” 
Justice Athar continued that every citizen is entitled to equal protection of law. The marginalised, poor and vulnerable classes cannot be treated less favourable than the privileged and elite. The state and its functionaries owe a higher duty of care towards the marginalised and vulnerable classes such as those who are shelterless or are living in inhuman conditions in the slum/shanty settlements. 
“Development policies which have the characteristics of elite capture are the worst form of violation of the constitutionally guaranteed rights and intolerable in a society governed under the Constitution,” maintained IHC chief justice.