ISLAMABAD: Supreme Court Justice Sajjad Ali Shah, on Monday, recused himself from a bench hearing the allotment of plots in sectors F-14 and 15 of the federal capital to judges, military personnel, and bureaucrats.
A three-judge bench, headed by Justice Umar Ata Bandial, and comprising Justice Sajjad Ali Shah, and Justice Syed Mansoor Ali Shah, heard the petition of director general Federal Government Employees Housing Foundation (FGEHF), Islamabad.
The FGEHA, on August 17, posted a list of successful candidates who were allotted plots in F-14 and 15 on its website.
Two special assistants to the Prime Minister (SAPM), judges of the superior judiciary, and top bureaucrats are among those who have been allocated residential plots in Islamabad's F-14 and F-15 sectors.
Justice Sajjad said as he has been allotted plot in F-14; therefore, he cannot hear this case.
After the recusal of Justice Sajjad, the bench went dissolved; therefore, Justice Bandial referred the matter to the chief justice for constituting another bench.
During the proceeding, Justice Mansoor inquired from the FGEHF lawyer that who are the special persons for allotment of the plots in the federal capital.
He replied that in 2009, the Supreme Court has decided about the special persons who will be given plots under the Federal Government Employees Housing scheme.
The DG FGEHF has challenged the Islamabad High Court (IHC)'s verdict on the balloting of plots in F-14 and 15.
The High Court, in September this year, suspended the balloting of plots in F-14 and F-15 sectors of the federal capital.
The court had passed the order when it was informed that the Federal Cabinet has constituted a committee headed by Asad Umar, federal minister for planning to review the policy regarding acquisition of land by the Federal Government Employees Housing Authority and its subsequent use i.e., its disposal.
The IHC's order stated that the federal government, while formulating its policy also has to justify giving preference to a few and ignoring more than 30,000 members of the Authority, while allotting State land e.g., in sectors, F-14 and F-15.
It directed the registrar office to issue notice to the attorney general for assistance, while it directed the Housing Authority to submit replies in all the petitions before the date fixed.
The deputy commissioner of the Authority informed the bench that some of the owners in case of properties acquired for sectors G-14 are not cooperating and, therefore, the processing of payment of compensation is being delayed.
The bench said, "The Authority shall be at liberty to proceed in accordance with law and in case of non cooperation by the petitioner land owners, the same be brought to our attention by filing an application."
The case was adjourned until November 8th.
Copyright Business Recorder, 2021