ISLAMABAD   -   The landmark judgment of the Islamabad High Court (IHC) in the petitions filed by affected land owners whose lands were acquired without proper compensation by the CDA, has given a sigh of relief to the hundreds of affectees who have been facing financial as well as mental agonies for decades. 

Besides giving relief to eleven thousand affected citizens who were waiting for the allotment of plots, some since 1968, the court’s verdict has also provided relief to the allottees of E-12 as it declared that the fundamental rights of the petitioners in the E-12 Petition have also been violated. They were issued allotment letters of plots in 1989 against payment of consideration but the sector was not developed. Therefore, the court directed to the Federal Government to formulate a policy regarding development of sectors in order to ensure that sector E-12 is developed and possession of plots is handed over to the allottees without unnecessary delay.

A single bench of IHC comprising Chief Justice of IHC Justice Athar Minallah issued the directions in his 65-pages written verdict in 35 different petitions filed by the affected land owners whose lands were acquired by the Capital Development Authority as well as Federal Government Employees Housing Authority (FGEHA) for development of various sectors of Islamabad. 

Justice Athar observed, “There could not have been a more classic example of travesty of justice and violation of constitutional guaranteed rights because, while about eleven thousand affected citizens were waiting for the allotment of plots, some since 1968, more than twenty thousand plots were allotted at throw away prices to employees and officials of the CDA including its Chairmen and members of the Board. They created plots for themselves in sought after sectors but denied the vested acknowledged rights of citizens who were deprived of their private properties.” 

The IHC Chief Justice also observed that the CDA had misused its powers of acquiring land from villagers to develop sectors mainly for the elite class. On the other hand, the affected villagers were still running from pillar to post to get compensation for their inherited land. 

The court judgment mentioned that 23,844 plots were allotted to the employees and officials of the CDA while “the share of other privileged groups was 7,127 plots against nominal payments.” 

A petitioner Abdul Qudoos son of Sajawal Khan asserted that his brother, namely Liaquat, was a resident of village Landa Mastal, Islamabad and he owned property which was acquired by the CDA in 1968. The brother passed away in 1975 and the CDA informed his mother, namely Ms. Ajaib Jan, that she was entitled to the allotment of a plot. Consequently, she was allotted a plot in Sector I-10, Islamabad. The allotment was later cancelled and another plot i.e. plot no. 1083 in Sector I-14/4, was allotted vide letter dated 21.08.1993. The allotment was subsequently cancelled. The entitled owner of the condemned property had passed away in 1975 and his mother Ms. Ajaib Jan has since been denied her right for more than four decades. The litigation cost and the mental agony suffered by Ms. Ajaib Jan and her family during the last four decades are besides being treated unfairly, unjustly and contrary to the inviolability of her dignity. 

Another petitioner namely Muhammad Shabbir’s property was situated in the revenue estates acquired for developing Sectors H-16 and I-17 i.e. Noon, Bhattana Kalan, Sheikh Pur, Jhangi Syedan, Kot Kalian, Bajnial, Narehla and Lakhu. The award was announced on 15.01.2009 but the entitled claimants were not paid compensation. 

According to the court verdict, “It is a constitutional and statutory duty of the CDA and the Federal Government to ‘compensate’ all the affected citizens whose rights stand admitted and acknowledged.” 

It ruled, “It is a statutory and constitutional duty of the Federal Government to formulate a policy regarding enforcement of acknowledged vested rights of the affected citizens who were subjected to the power of eminent domain but have not been compensated despite lapse of inordinate delay. The Federal Government will give such directions to the CDA as are necessary to enforce the acknowledged vested rights.”

The court directed, “The Federal Government shall formulate a uniform policy regarding the acquisition of land, determination of market value or giving rehabilitation benefit in case of exercise of the power of eminent domain by the CDA or the FGEHA, as the case may.”