Park View Enclave Housing Society: IHC for survey about alleged land grabbing or harassment of public

ISLAMABAD: The Islamabad High Court (IHC) on Thursday directed the deputy commissioner Islamabad to conduct a survey through an authorised representative to ascertain complaints regarding alleged land grabbing or harassment of the general public by or on behalf of the Park View Enclave Housing Society.

A single bench of the IHC comprising Chief Justice Athar Minallah also directed Amin Aslam, Special Assistant to the Prime Minister on Climate Change, and the secretary, Climate Change to visit the area and submit a detailed report regarding violations of environmental laws and their likely affects. During the hearing, Arshad Chohan, director regional planning, Capital Development Authority (CDA) along with Dr Shahid Mehmood, Member (Planning) appeared before the court.

Chohan was the author of summary, dated 24 April 2018, which had formed the basis for issuance of the No Objection Certificate (NOC) to the housing society. Chohan informed the bench that the regulations were amended in 2010 and pursuant thereto societies were allowed to be established in Zone-IV.

He, however, admitted that the 'Master Plan' did not allow establishing housing schemes in Zone-IV.

The court noted in its order, the 'Master Plan' had statutory backing as provided under Section 11 of the Capital Development Authority Ordinance, 1960.

The representatives of the Authority were not able to justify amending the regulations in violation of the parent statute.

The court noted that it appears that the area has been duly notified as such under the Islamabad Wildlife (Protection, Preservation, Conservation and Management) Ordinance, 1979.

It is alarming to note that the Environmental Protection Agency also does not appear to have taken any action nor its approval was sought under the Pakistan Environmental Protection Act, 1997, by the Capital Development Authority before issuance of the "No Objection Certificate," and that too for establishing a housing scheme in an environmentally sensitive area. "The CDA is required to explain about purportedly granted the "No Objection Certificate" and allowed a profit-earning entity to take law in its own hands and violate fundamental rights of ordinary citizens," said the order.

It added, "The Capital Development Authority was given an opportunity to satisfy this Court regarding the legality of the No Objection Certificate, granted to a privately-owned profit-making entity, but they failed to do so. This Court, therefore, gives yet another opportunity to the Capital Development Authority to justify the serious violations of various enforced laws and harassment caused to the petitioners and other ordinary citizens."

The IHC ordered that "No Objection Certificate" of M/s Park View Enclave (Pvt) Ltd. shall remain suspended till the next date and the latter is restrained, directly or indirectly, from acting in any manner whatsoever pursuant to the "No Objection Certificate". (b) The Deputy Commissioner, Islamabad Capital Territory is directed to forthwith visit the area and ensure that this order is implemented."

The Board of the CDA through its chairman was directed to submit a detailed report/affidavit justifying issuance of "No Objection Certificate" and allowing M/s Park View Enclave (Pvt) Ltd to evict and harass citizens on its behalf. Director General, Pakistan Environmental Protection Agency was ordered to submit a report regarding damage, if any, caused so far and explain why no action was taken under the Pakistan Environmental Protection Act, 1997. The case was adjourned till Sep 2.

Copyright Business Recorder, 2020