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ISLAMABAD: The Islamabad High Court (IHC), on Friday, declared allotment of additional plots to bureaucrats of grade-22 and judges as illegal.

A single bench of Justice Mohsin Akhtar Kayani announced the verdict in response to various identical petitions filed by Riaz Hanif Rahi,chairperson Jurist Foundation, former cabinet secretary Abu Ahmed Akif through his counsel Barrister Zafarullah Khan, and others.

The IHC bench observed that there is no law regarding the allotment of ‘second plots’ to judges and civil servants.

He added that if the government intends to allot plots then it should first make legislation in this regard.

The court said the prime minister and the federal cabinet should consider the matter of allotment of two plots to each bureaucrat and judge in its meeting.

However, Justice Kayani dismissed another petition challenging the out-of- turn plot allotments allocated to nine bureaucrats.

In his petition, Rahi challenged the allotment of additional plots since 20.07.2006 to civil servants of BPS-22 and inclusion of judges since 11.01.2008.

He stated that a total 613 plots (each with size of at least 500 square yards and market value of each more than rupees 30 million) were allotted at throw-away reserved prices without backing of any valid law on the sweet will, choice and pleasure of head of the government i.e. prime ministers.

He contended that the additional and special benefits have made the state functionaries as property dealers.

The petitioner argued that the policy to allot additional plots is with mala fide intentions and under extraneous consideration to cause loss to the public exchequer.

The IHC, on Tuesday, had issued notices to Azam Khan, principal secretary to the prime minister, five federal secretaries and others, in response to a petition challenging the out-of-turn plot allotments to nine bureaucrats.

Akif, in his petition, has challenged out-of-turn plot allotments to nine bureaucrats.

The petitioner adopted that Azam Khan, the then principal secretary to prime minister, bureaucrats from Aviation Division, Planning Division, and Petroleum Division, and former secretary information Shafqat Jalil have been allotted plots.

He asserted that the allotment is not only illegal but also has been done without any reason.

He added that the plot allocated in Islamabad’s Sector D-12 was created and no objections were raised against the changes made in the layout plan.

The former cabinet secretary alleged that plots have been allotted to benefit the bureaucrats.

He said that the Federal Government Employees Housing Foundation (FGEHF) without evolving any mechanism for allotment of developed plots proceeded to allot the plots to the above-mentioned senior bureaucrats.

He stated in the petition, “The hurriedness on the part of the CDA and FGEHF in the process of creation and allotment of plots under challenge manifestly makes it abundantly clear that this exercise was not done in the normal course of business but was a pre-planned act to oblige some blue-eyed individuals.”

He continued, “It is a matter of record that no advertisement has been made in newspapers or any other manner to invite objection of the general public before taking decision for amendment of the layout plan of Sector D-12. And thus, the authorities violated the fundamental rights of the general public.”

Copyright Business Recorder, 2021

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