ISLAMABAD - The Islamabad High Court (IHC) Thursday restrained the Capital Development Authority (CDA) from allotting any plot other than the allotments made pursuant to disposal through public auction.
A single bench of IHC comprising Chief Justice of IHC Justice Athar Minallah issued the restraining orders while hearing a petition moved by a former officer of CDA Syed Mehmood Ahmed.
Ahmed filed the petition through his counsel Sardar M Haroon Sami Advocate and claimed a right to be allotted a plot pursuant to the policy of the CDA. The court asked the counsel to assist the court in the light of the abolition of the discretionary quotas in Housing Schemes Act, 2013.
At this, the counsel stated that he needs some time to prepare his brief.
The court mentioned its earlier judgment dated 14-6-2021 saying that it has highlighted grave injustices suffered by the land owners due to abuse of the power of domain by the authority. “It is an admitted position that more than 11,000 affected land owners are waiting since more than four decades to be allotted plots,” added the bench.
Justice Athar further said that the CDA is directed to satisfy this court as to how preference could be given to the employees of the Authority and other specified groups while the citizens affected due to abuse of power of eminent domain have been subjected to unimaginable grave injustices.
He further said, “The Authority also has to explain the policy of allotment of plots to its own employee and other specified groups against nominal payment because there appears to be conflict of interest.”
He observed that it also appears that the grave injustices suffered by land owners whose properties were forcibly acquired are also due to the factor of conflict of interest. “The Federal Government and the Authority have to satisfy this court that the phenomenon of allotment of plots despite an apparent conflict of interest is in public interest and does not offend the constitutionally guaranteed rights of the public at large,” said the IHC Chief Justice.
He directed the office to issue notice to the Attorney General for assistance and the federal government through the Secretary Ministry of Interior. The bench also directed the Chairman CDA and the Secretary Interior to submit detailed reports justifying the disposal of state land in the light of the aforementioned observations. Later, it adjourned the hearing for four weeks for further proceedings.