ISLAMABAD: The Islamabad High Court (IHC) has directed the Capital Development Authority (CDA) to decide petitions against creating and allotting new plots on the green areas of the federal capital within 30 days. Justice Mohsin Akhtar Kayani passed the verdict on the petitions of two residents of the Sector G-11/3 including Kamran Khan and Arsalan Tahir.
The court converted the petition into an appeal and directed the IHC office to transmit the same to the secretary CDA Board to place the same before the CDA Board for their decision, whereby, petitioners be given right of hearing in accordance with law and appeal be decided within 30 days positively under intimation to this Court, and disposed of the petitions. The petitioners through their counsel, Umer Ijaz Gilani, prayed before the court that the CDA be restrained from developing, creating or allotting any new plots on the green space located in the corner of Street No 109, G-11/3, Islamabad, on the touchstone of the IHC judgment – Safdar Zaman case.
The petitioners had contended that they along with other residents of the street are enjoying the open space green area, which has been maintained by the residents through plantation and same was in utilisation of the public at large but the CDA, on the other hand, allotted the said space by carving out two plots 133-K and 133-M, Street 109-A, G-11/3, Islamabad. It was the contention of the CDA counsel that as per Regulations of Amendment in Layout Plans, 2019 left over space/green areas could be converted and used by the CDA, and as such they have not violated the principles settled in Safdar Zaman case.
The court noted that though petitioners’ counsel conceded to the legal position, ie, Regulation 5 of Regulations of Amendment in Layout Plans, 2019, but prayed that by converting the instant writ petition into appeal be sent to the competent authority of the CDA as provided in the Regulations, who shall decide the same after giving due opportunity of hearing to the petitioners with a specific timeline.
The counsel had also argued that the actions of the respondents are not only devaluing the property values of the petitioners but they are also violating the Master Plan of Islamabad and destroying the beauty of this city. He contended that their acts are patently against the provisions of the CDA Ordinance, 1960 and the Islamabad Capital Territory (Zoning) Regulations, 1992, as well as dictum laid down by the superior courts of Pakistan in that regard.
He further said that the IHC has repeatedly restrained the CDA from such actions and similar intervention is humbly sought in the present case. Therefore, he prayed before the court to restrain the respondents from developing, creating or allotting any “new plots” on the green space located in the corner of Street 109, G 11/3, Islamabad.
They also requested the court to direct the respondents to undo the damage done to the green space located in the area and direct the respondents to ensure compliance with the judgment of this court in WP 3721/2012 reported as 2019 YLR 1625. The petitioners further requested the court to declare that the impugned actions of the respondents are illegal, mala fide, arbitrary, being in violation of CDA Ordinance, 1960 as well as the fundamental rights of the residents of Islamabad.
Copyright Business Recorder, 2021
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