ISLAMABAD: The Supreme Court (SC) directed the Capital Development Authority (CDA) and the Park View City to submit complete layout plans of the area, where the society is being constructed.
A three-judge bench, headed by Justice Umar Ata Bandial, on Wednesday, heard an appeal of the Pakistan Tehreek-e-Insaf (PTI) leader, Aleem Khan, against the Islamabad High Court (IHC)’s judgment to restore the NOC of his society – “Park View City”.
The apex court in January this year had refused to grant a stay against the IHC verdict to restore the NOC of “Park View City”, saying important questions have been raised in the High Court judgment.
During the proceeding, the counsel of Park View City, argued that according to the CDA, his client has not constructed a road on the land allotted to it.
He said how the road could be constructed on the land, which is not in its possession.
The additional attorney general informed the bench that the Ministry of Climate Change says that the society had encroached five kanal of its land.
However, the CDA lawyer contended that Park View City had encroached the authority’s land and also did not construct a road on the allotted land.
Justice Bandial remarked that all the concerned departments remain silent during the construction of housing societies.
He said the facts of the case are being distorted by the parties.
Justice Muneeb questioned whether the CDA was in slumber when the road was being constructed.
The court directed the CDA and the Park View City to submit layout plans of the area.
It noted that there is a contradiction between the maps submitted before the bench.
Justice Bandial said in order to understand the issue, it is necessary that accurate and comprehensive layout plan is before the Court.
The bench; therefore, directing the CDA and the Society to submit complete layout plans, and adjourned the case for an indefinite period.
The IHC, on December 24, declared the NOC given to Park View City Housing Society as “illegal and void”.
IHC Chief Justice 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.
Copyright Business Recorder, 2021