Park View City Housing Society: SC refuses to grant stay against IHC’s judgment

ISLAMABAD: The Supreme Court refused to grant stay against the Islamabad High Court (IHC)’s judgment to restore the NOC of the Pakistan Tehreek-e-Insaf (PTI) leader, Aleem Khan’s Housing Society – “Park View City”.

A two-judge bench comprising Justice Umar Ata Bandial and Justice Muneeb Akhtar, on Monday heard an appeal against the IHC’s judgment.

The court issued notices to the respondents, including the Capital Development Authority (CDA).

Justice Muneeb Akhtar questioned how the housing society obtained the NOC?

The defence counsel replied that after the apex court order 2008, NOCs were issued to many housing societies.

He prayed before the bench to suspend the IHC’s judgment.

Justice Bandial said they could not grant stay, as important questions have been raised in the High Court judgment. However, the bench accepted the appeal for further hearing.

The defence counsel then said after the IHC judgment, the CDA issued notice to takeover the housing society, adding stay became necessary, so the CDA do not take over the society.

The IHC on December 24 declared the NOC given to Park View City Housing Society as “illegal and void”.

Chief Justice IHC Athar Minallah in his judgment declared that the land acquired under the Ordinance of 1960, vests in the State and it cannot be used, directly or indirectly, in violation of the scheme and provisions thereof.

The chief justice noted that the planning and development of acquired land is subject to and confined to the Scheme prepared under sections 12, 13 and 14 ibid.

Its use, directly or indirectly, for the benefit of a private profit-making entity or person is contrary to public interest and policy, violation of constitutionally-guaranteed rights of the public at large and thus, without lawful authority and jurisdiction.

The judgment said, “The NOC was thus illegal, void and issued without lawful authority and jurisdiction.”

It added that the acts of the company regarding the acquired land were and continue to be illegal, void and in violation of fundamental rights of public at large and in breach of public interest.

The bench, therefore, directed the CDA and the chief commissioner, Islamabad Capital Territory to forthwith remove all the obstructions or any other construction attributed to the company on the acquired land, while the Authority shall forthwith resume the land so far developed by the company under regulation 22 of the Revised Modalities and Procedure, 2020.

Copyright Business Recorder, 2021