Illegal housing societies: Government, regulators overlooking flagrant undermining of law: IHC

Islamabad High Court (IHC) has noted that illegal business of housing societies continue unabated in the federal capital, while the regulators and the federal government are conveniently overlooking, ignoring or facilitating this flagrant undermining of the rule of the law.

A single bench of IHC Chief Justice Athar Minallah, while hearing the petition against demolition of a citizen's farmhouse, directed the Board of Capital Development Authority (CDA) to submit a detailed report, highlighting all the housing projects, which have been initiated or completed without seeking approval under the CDA Ordinance, 1960.

"Most of the projects have been initiated in violation of the Capital Development Authority Ordinance, 1960 and the regulations made thereunder. Moreover, it is obvious that this illegal business continues unabated in the fourteen hundred square miles area of the Capital Territory of Islamabad, while the regulator and the federal government are conveniently overlooking, ignoring or facilitating this flagrant undermining of rule of law," said the IHC order.

Justice Athar noted, "It is alarming that the Capital Development Authority and the administration of the Islamabad Capital Territory have no hesitation in demolishing homes of people who are not privileged enough to resist. The illegal societies/housing projects managed, directly or indirectly, by departments and institutions are allowed to play fraud on the general public."

He added that this court in the case titled "BNP Pvt Ltd. and others vs Capital Development Authority" [PLD 2017 Islamabad 81] has observed and held that the board of the Capital Development Authority, its chairman and the members are jointly and severally liable for the illegalities committed in the Islamabad Capital Territory.

The IHC bench maintained, "This case is a classic example of conflict of interest because institutions and departments of the State or its employees instead of enforcing the law become a source of its violation. The Capital Development Authority obviously seems to be helpless. The federal government also appears to have been complacent in the illegalities committed by public functionaries by refusing to fulfill its obligations under the Capital Development Authority Ordinance, 1960."

The IHC chief justice continued that this abysmal state of rule of law in the capital of Pakistan is intolerable.

It amounts to violation of the fundamental rights besides exposing public at large to be deprived from their hard earned savings through fraud and that too by institutions and departments of the State.

The CDA directed to explain reasons for failing to take action in accordance with the law, and why action is taken against a few e.g. the kiosks but the more privileged are treated differently.