ISLAMABAD: The Islamabad High Court (IHC) directed the counsel for Naval Farms to satisfy how the Pakistan Navy can establish a private housing society in Islamabad. A single-member bench of IHC comprising Chief Justice Athar Minallah heard the petition against the construction of Navy Sailing Club at Rawal Lake, Islamabad.
The Capital Development Authority's (CDA's) lawyer submitted an affidavit on behalf of the CDA chairman, and said that the civic body would act in accordance with the law. He also filed a CDA's reply, which said that Navy construction along the Rawal Lake was illegal; adding that neither CDA nor ICT allotted any land for the sailing club, but in 1990, the PM Secretariat had given land to Navy.
He said the action would be taken in accordance with the law. The CDA's counsel state that according to a letter, the PML-N government in 1992 issued Rs20 million to Chief of Naval Staff, but the funds were released during the government of Benazir Bhutto in 1993.
He said the club was constructed in Zone-III, adding that according to the Zoning Regulations, 1992, the land had to be utilised for the purpose of agri and dairy farms. The chief justice warned the CDA that if anything went wrong regarding the matter, then the chairman CDA and its board would be held responsible.
The chief justice inquired as the Naval Farms had been constructed, so now who would take its control?
Advocate Babar Sattar argued that according to the law, Pakistan Navy cannot run any housing society.
Justice Minallah observed that the IB and the FIA also had housing societies, and said; "I think now the high court should also have its own housing society."
He said it seemed that everyone in this city runs the real estate business. Babar Sattar said that all the housing societies in the federal capital had been declared illegal. The court observed that earlier everything in Islamabad was done according to the Master Plan, but the CDA had destroyed it.
The counsel for the Navy said that an NOC for the sailing club was issued in the name of Directorate General Welfare. The bench questioned whether it is a civil organisation or located in Pakistan Naval Headquarters.
The chief justice questioned whether the Navy had informed the Ministry of Defence, when it had applied for an NOC. He said if this court declared that the Naval Sailing Club was inaugurated unlawfully after the CDA notice then it would be embarrassing for the institution.
Justice Minallah said everyone would have to accept the supremacy of law. He further said it would not be good, if this court issued contempt notice against a uniformed person, and then sentenced him. Qamar Afzal, representing the Naval Farms, told the court that the Bahria Foundation was set up for the welfare of the Pakistan Navy.
The chief justice questioned: "how the housing society was a welfare scheme, adding how for welfare, the Navy could set up a private housing society?"
The CJ told the counsel whatever he had stated went against the Navy. He said it seemed that the Navy was controlling all those private activities from its headquarters. Justice Minallah said whoever violated the law created problem for himself. He said they had to protect the public interest. Qamar Afzal said this is a very sensitive issue and the court's remarks affect the institution's prestige.
The chief justice expressing annoyance said "the sensitive issue was the violation of law". He told the counsel that his client is creating problem for himself. The court asked the lawyer whether he wanted that the Navy involve itself in private housing societies, and the Naval Chief is not answerable to the courts.
The chief justice observed that "there is no rule of law in this city, adding, let the chairman CDA do his job".
He observed that the law seemed to be only for the weak. Justice Minallah remarked that as the matter was before this court, therefore, they would decide it according to the law. The chief justice directed the Navy's counsel to satisfy the court on the questions raised by him, and adjourned the hearing until October 17th.
Copyright Business Recorder, 2020
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