ISLAMABAD - The Islamabad High Court (IHC) Friday declared allotment of additional plots to bureaucrats of grade-22 and judges as illegal.
A single bench of IHC comprising Justice Mohsin Akhtar Kayani announced the verdict in different identical petitions filed by Riaz Hanif Rahi Chairperson Jurist Foundation, former cabinet secretary Abu Ahmed Akif through his counsel Barrister Zafarullah Khan and others.
The IHC bench observed that there is no law regarding the allotment of plots to the judges and civil servants. He added that if government intends to allot plots then it should first legislate in this regard.
The court said that the prime minister and the federal cabinet should consider the matter of allotment of two plots to bureaucrats and judges in its meeting.
However, Justice Kayani dismissed another petition challenging the out of turn plot allotments allocated to nine bureaucrats.
In his petition, Rahi challenged the allotment of additional plots since 20.07.2006 to civil servants of BPS-22 and inclusion of judges since 11.01.2008. He stated that total 613 plots having size at least 500 square yards and market value of each more than Rs 30 million were allotted at throw-away reserved prices without backing of any valid law and on the sweet will, choice and pleasure of head of government i.e. prime minister.
He contended that the additional and special benefits have made the state functionaries as property dealers who are running the affairs of state which would become precedent for other subordinate civil servants and ordinary citizens causing continuous frustration.
The petitioner argued that the policy to allot additional plots is with malafide intentions and under extraneous consideration to give loss to public exchequer.
Notices were issued to Azam Khan Principal Secretary to Prime Minister, five federal secretaries and others in a petition challenging the out of turn plot allotments allocated to nine bureaucrats.
In his petition challenging the out of turn plot allotments to nine bureaucrats, Akif adopted that Azam Khan then principal secretary to Prime Minister, bureaucrats from aviation division, planning division and petroleum division and former secretary information Shafqat Jalil have been allotted plots.
He asserted that the allotment is not only illegal but also has been done without any reason. He added that the plots allocated in Islamabad’s Sector D-12 were created and no objections were raised against the changes made in the layout plan.
The former cabinet secretary alleged that plots have been allotted to benefit the bureaucrats. He said that Federal Government Employees Housing Foundation (FGEHF) without evolving any mechanism for allotment of developed plots proceeded to allot the plots to the above mentioned senior bureaucrats.
He stated in the petition, “The hurriedness on the part of the CDA and FGEHF in the process of creation and allotment of plots under challenge manifestly makes it abundantly clear that this exercise was not done in the normal course of business but was a pre-planned act to oblige some blue-eyed individuals.”
He continued, “It is a matter of record that no advertisement has been made in newspapers or any other manner to invite objection of the general public before taking decision for amendment of the layout plan of sector D-12.” And thus, the authorities violated the fundamental rights of the general public.
The petition maintained that being promoted in recent years, the above-mentioned officers could only get plots in the upcoming sectors, not in a developed sector like D-12.