ISLAMABAD: The Islamabad High Court (IHC) was informed that the Capital Development Authority (CDA) has cancelled the allotment of a plot earlier given to Hindu community for the construction of a temple in the federal capital.
A division bench, on Monday, heard the intra-court appeal (ICA) filed by a lawyer, Chaudhary Tanveer Akhtar, challenging a single bench’s verdict, wherein, it had disposed of the writ petitions filed against construction of temple in Islamabad.
The CDA’s lawyer, Javed Iqbal, informed the court that the allotment of land was cancelled after the federal cabinet banned construction of new buildings in green areas of the capital.
However, later in the day, the CDA issued a letter written by its Director Estate Management-II to President IHP (Institute of Hindu Panchayat), that the allotment of the said plot has been restored.
“I am directed to .... state that the allotment of the subject plot allotted for temple, community center and cremation ground for Hindu community in Sector H-9/2, Islamabad stands valid as the same is not affected by the Cabinet decision dated 22-09-2020 as the construction work on the subject plot had been initiated after the approval of CDA vide letter No. CDA/DD BCS-II(H.C)/H-9/32/2020/218 dated 21-12-2020,” said the letter.
In the ICA, petitioner Chaudhary Tanveer, claimed that the land was given to the temple in an illegal manner.
He added that it is not fair to spend money on the construction of the Hindu temple. He said that the State is responsible to provide health, education and justice for the public but after this directive on the part of respondents has raised a lot of questions.
He added that the district judiciary in Islamabad has been functioning in rented premises since long ago but the government has failed to provide the facility of the judicial complex and the public are suffering.
The petitioner contended that the CDA is a responsible authority who failed to consider this fact that this impugned allotment which is a void ab initio document, itself lost its sanctity as per contents of the allotment letter, even then they are not taking action of cancellation of allotment.
He prayed before the court that the impugned judgment of single bench of IHC dated July 7 may be set aside and all acts done by respondents for allotment of plot for temple in Islamabad against master plan of the CDA may be declared as unlawful.
A single bench of Justice Aamer Farooq last year in July had disposed of three identical petitions filed by lawyer Chaudhry Tanveer Akhtar, Muhammad Yahya Ahmed Minhas, and Khushnood Ahmad Khan.
Copyright Business Recorder, 2021
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