ISLAMABAD - Chief Justice Mian Saqib Nisar on Tuesday observed that since Prime Minister Imran Khan was the ‘whistle blower’, so he should pay the fine first under regularisation policy to regularise his Bani Gala residence.
The chief justice said this while heading a 3-judge bench which resumed hearing of suo moto case regarding illegal construction and encroachments in Bani Gala and surrounding Korang Nullah. The other members of the bench were Justice Faisal Arab and Justice Ijazul Ahsan.
The case was initiated on a written complaint of Pakistan Tehreek-e-Insaf (PTI) chief Imran Khan highlighting continuous large-scale encroachment on the botanical garden and park in Bani Gala which was going unchecked by the CDA
The bench also ordered to cancel the lease of the companies involved in violation of their lease commitments.
The bench further directed for formation of a committee comprising chairman CDA and secretaries of ministries of housing, local government and climate change with special powers under chairmanship of the interior secretary to ensure regularisation of properties in Bani Gala which will submit its report in 10 days.
During the hearing, chief justice told Advocate Babar Awan, counsel representing Khan, that if the prime minister’s property was not regularised as per the existing rules, then he will be the first to pay the fine.
He observed that construction in the area violated the regularisation policy but demolishing the sane would not be justice.
Additional Attorney General Syed Nayyar Rizvi apprised the bench that a 12-kilometre-long wall would be constructed around Bani Gala, adding that a long wall had already been constructed while it would further be expanded.
However, he stated that funds for the purpose had not been released, adding that 5 companies were responsible for encroachments.
The chief justice remarked that the companies violating the lease had 10 days to vacate, as thereafter the buildings would be demolished.
During the hearing, the AAG also highlighted the issue of contamination in Rawal Lake, stating that sewerage from 50 union councils and 59 housing societies was being dumped in the lake.
The chief justice remarked that the court wanted to see performance of PTI members, adding that they were the ones who filed a petition regarding this issue.
He then enquired of Advocate Awan as to what steps had been taken in last 50 days. Advocate Awan responded that Shehryar Afridi was looking into the matter these days.
During the hearing, the chief justice remarked that the court would not allow construction of new properties till the regularisation issue was resolved, adding that the court would also look into the matter regarding contamination in Rawal Lake separately.
The bench also heard the people affected of anti-encroachment drive near Korang Nullah.
During the hearing, a lady requested the bench to grant 6 months time for shifting to alternate place.
She stated that her husband was patient of cancer and she had only son of age 7. She pleaded the court to review its order regarding demolishing near Korang Nullah.
The chief justice said that this court had sympathies with the lady. The lady responded that she was not pleading for sympathies but for the justice.
Her counsel stated that she would be rendered shelter-less as a result of demolition of her house. The chief justice responded that an illegal house had to be demolished. But on humanity basis, the bench granted the lady 4 months time to shift at alternate place.
During the course of hearing, the chief justice also observed that whenever he said something, it became headlines the following day but unfortunately, he said, most of the damage caused to the country was by ‘patwaris’ because of their involvement in illegal constructions.
Meanwhile, the same bench granted one month time to Inter-Services Intelligence for opening of Shahra-e-Suharwardy at Aabpara junction for traffic.
In July, the court had ordered for removal of blockades within 2 months.
During the hearing, the chief justice observed that the court had already granted 2 months’ time to the agency for opening the road. The bench questioned as why the road had not been opened.
Director Legal Ministry of Defence Brig Falak Naz informed the bench that most of the road had been cleared but it had not been opened for traffic.
He further informed the bench that equipment installed in the headquarters had to be shifted which needed time.
After hearing the reasons, the top court granted one month time to ISI for opening the road.