The Supreme Court has been urged to declare that the holder of valid kiosk license is entitled to continue operating his/her licensed 'khokha' (kiosk). Muhammad Sabir on Saturday filed an application through Advocate Umer Gilani in the Supreme Court to implead as party in Pak Gulf Construction (Pvt) Ltd case. The petitioner submitted that he holds a valid license to run a kiosk (khokha) located at the entrance of Trail 5, opposite to Judges' Enclave, Margalla Road.
However, the Capital Development Authority (CDA) threatened to demolish his and other 485 kiosks on the pretext of the apex court judgment dated 11-06-2019 which says; "Both the mayor of MCI as well as the acting chairman CDA/chief commissioner Islamabad are directed to ensure that all illegal constructions are razed and the land is got vacated for use in accordance with the original mater plan of Islamabad."
The court is urged to restrain CDA, Metropolitan Corporation Islamabad (MCI) and Chief Commissioner Islamabad from taking any illegal coercive measure against the applicant and others. Umer Gilani contended that the anti-khokha drive is violative of Section 5(2) of the CDA Ordinance 1960. The said section envisages that the CDA shall 'act on sound principles of development, town planning and housing.' The wholesale demolition of around 500 kiosks is by no stretch of imagination in line with the sound principles of town planning. The best planned cities in the world contain innumerable kiosks, he added.
In New York and London, just like Islamabad, licensed kiosks are part and parcel of the fabric of the city. Everywhere in the free market world, kiosks play an important role in providing the poor and working classes with valuable commodities like food snacks, water, coffee, tea and a place of shade and rest.
The CDA's actions are premised on the erroneous assumption that the master plan of Islamabad prevents the CDA and MCI from issuing temporary licenses over land in Islamabad. Master plans are not supposed to govern such issues anywhere in the world; and such issues are supposed to be dealt with by elected local governments.
Licensing is a function conferred by Islamabad Local Government Act, 2015 upon MCI. It was in exercise of lawful powers that MCI on 28th August, 2017 decided to restore licenses of kiosks.
The licenses issued by the CDA to the khokha owners are backed by Article 140A; ICT Local Government Act; Section 15A of CDA Ordinance, Municipal Administration Ordinance, 1960 read with ICT Municipal Bye-Laws 1979; Secretary of Housing's decision dated 15th July, 1978; President of Pakistan's order dated 21st October, 1979; CDA's 1986 Policy; National Assembly's Direction dated 30th December, 2015; and MCI's Resolution dated 28th August, 2017. In the presence of such numerous and consistent legal instruments, the government cannot be allowed to suddenly turn around and say that all khokha licenses were illegal and ab initio.
Gilani contended if a certain structure - such as the applicant's kiosk at Trail 5 - is not mentioned in the master plan, this, per se, is not sufficient for it to be declared an "encroachment." Matters of municipal governance - such as setting up of kiosks - were never meant to be covered by the master plan.
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