IHC summons CDA chairman on December 13

The Islamabad High Court (IHC) on Friday summoned chairman Capital Development Authority (CDA) on December 13 in a case related to allowing a private housing society, allegedly of senior leader of Pakistan Tehreek-e-Insaf (PTI) Aleem Khan, to use a piece of land acquired to construct a road.

A single bench of IHC comprising Chief Justice Athar Minallah heard the matter related to alleged occupation of land by Aleem Khan's society and deferred the case 13 after directing the chairman CDA to appear before the court in this matter.

During the hearing, the court was informed that the Chairman CDA Aamer Ahmad Ali could not appear before the court as he was busy in the Supreme Court in another matter. Later, the court adjourned the hearing till next Friday for further proceedings.

Previously, the chairman CDA informed the court that CDA Board had issued NOC to the society during the tenure of the previous government. He requested the court to give some time and the body would inform the court about facts after scrutinizing the matter. Housing society's counsel Babar Awan said that they have confidence in the court and the court should decide the matter after hearing them.

The IHC Chief Justice remarked that local persons prayed for the registration of an FIR but first the court would wait for the CDA's report about the facts of government land. The court also barred the usage of controversial land till further orders.

Earlier, the IHC Chief Justice, on a petition filed by a landowner, had summoned the CDA chairman and directed him "to satisfy...as to why... criminal case [may not] be registered for allowing acquired land to be used by a private profit-making entity." Justice Athar issued these directions while hearing the petition filed by Farhan Mustafa seeking registration of a criminal case against Aleem Khan's private housing society for encroaching on his land and during the course of hearing the court had noticed that the matter pertained to acquired land of the CDA. Later, CDA Director (Land) Nisar Ishtiaq appeared before the court and acknowledged that CDA Board on May 9 last year allowed utilization of acquired land by the sponsors of the private housing society.

The court observed, "Director (Land), however, could not explain and satisfy the IHC that the CDA has the jurisdiction to give approval for utilization of acquired land by a private profit-earning housing society in a non-transparent manner."

In his petition, the petitioner alleged the private housing society is owned by an influential person who is allegedly using his influence to forcibly evict the persons who are in possession of land. Advocate Hafeezullah Yaqoob, counsel for Aleem Khan, on the other hand told the court that the dispute was over a 12 kanals piece of land where the private society is constructing the access road.