Land acquisition: IHC jettisons FGEHF's petition challenging its earlier verdict

A division bench of the Islamabad High Court on Tuesday turned down a petition of the Federal Government Employees Housing Foundation (FGEHF), challenging IHC verdict which had declared the acquisition of land for the Foundation in Sectors F-14 and F-15 as illegal.
The IHC dual bench comprising Justice Aamer Farooq and Justice Mohsin Akhtar Kayani heard FGEHF's intra-court appeal (ICA) and rejected the same.
While declaring the acquisition proceedings for acquiring land in sectors F-14 and F-15 for the FGEHF as illegal, Justice Athar Minallah had stated in his judgment that land within the Islamabad Capital Territory (ICT) can only be acquired under CDA's Ordinance of 1960.
In addition, he had stated that as per regulations made under that law, the FGEHF and its role in matters relating to development, town planning or housing in areas where the ordinance is enforced, is illegal, void and without lawful authority.
"The federal government, directly or indirectly, is not empowered to deal with or engage in matters relating to development, town planning or housing otherwise than as expressly provided under section 5 of the Ordinance of 1960," Justice Minallah had stated.
Members of the judiciary, powerful bureaucrats, influential lawyers and journalists were among the beneficiaries of the FGEHF upcoming sectors.
In the landmark judgment, Justice Minallah had noted, "Beneficiaries (of both sectors) are serving or retired officers and employees of federal ministries, divisions, attached departments...judges of the superior courts, i.e, the honorable Supreme Court, all the high courts, Azad Jammu and Kashmir Supreme Court and the Chief Court and Supreme Appellate Court of Gilgit-Baltistan, as well as the Federal Shariat Court."