EDITORIAL: As more and more of public lands are being snapped up for illegal construction of residential and commercial properties the activity has been attracting the attention of the Supreme Court.
In the latest development a three-member bench of the apex court headed by Chief Justice Gulzar Ahmad has taken up a matter concerning the use of cantonment lands for housing societies as well as wedding reception halls, cinemas and other commercial projects.
While hearing the case in Karachi, the court observed that in violation of rules and laws the lands meant for military purposes were being progressively used, rather allotted, leased and transferred to armed forces personnel for personal use, i.e., houses, commercial buildings and other pursuits, telling the defence secretary to come back at the next hearing with a report containing details of all three services chiefs decision on the matter (the apex court, however, expressed its dissatisfaction over the report during yesterday’s hearing).
This though is not the first time the issue has attracted the apex court’s attention. It may be recalled that as part of its drive to remove encroachments from public lands, back in December 2018 and January 2019 a two-member bench, also headed by the CJ, had ordered that cantonment lands meant for defence purposes must not be allocated for any other purpose, directing cantonment boards that there should be no commercial activity on military lands. They were also ordered to raze to the ground all marriage halls, cinemas, plazas and other business establishments built in cantonment areas.
Reports were also sought on the demolition of the Global Marquees erected on emergency military medical supplies land reserved for Sindh and Balochistan. More than two years on, little seems to have changed.
In fact, expressing anger at the unbridled illegal activity, the court observed that majors and colonels sitting in Karachi were acting like kings who could do anything, making a mockery of court orders passed regarding commercialisation of land set aside for defence purposes.
The issue has come up again at a time several residential buildings as well as shops constructed on public lands in civilian areas have been demolished under the apex court’s orders, drawing a huge public outcry. The justice system is premised on the notion that the courts deliver equal justice to the powerful and the powerless. It may not always come up to that standard, but in this case at least the court is trying to do its duty.
The defence secretary was told that all such illegal activities need to be stopped, and land retrieved to be utilised for the intended end. This means that like the illegal constructions in civilian areas the ones in cantonments would also have to be pulled down. In fact, the Chief Justice asked the defence secretary how things are to be rolled back, perhaps, by way of emphasis on the required response. The system has to show no one is more equal than others.
Copyright Business Recorder, 2021
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