ISLAMABAD: Islamabad High Court (IHC) has restrained the Capital Development Authority (CDA) from allotting plots in the acquired sectors until it compensates those affected by the acquisition of land.
In a detailed order issued by the IHC on petitions filed by the land affected people, Chief Justice Athar Minallah said in order to secure rights of the genuine affected people of land acquisition within Islamabad Capital Territory (ICT) the CDA shall not allot plot “in the acquired sectors to any person otherwise than through auction till every genuine affected person of land acquisition has been adequately compensated.”
As per the court directions, the CDA has been “restrained from allotting plot or plots under Islamabad Land Disposal Regulations 2005 till the next date.”
IHC says non-payment of compensation to affected people is violation of their fundamental rights
The Federal Government Employees Housing Foundation was also restrained from allotting plots on the acquired land.
Furthermore, Justice Minallah sought a report from the secretary interior and the CDA chairman on payment of compensation to the affected people. The court also directed both of them to appear in person on the next date of hearing on Oct 15.
The petitioners adopted before the court that they were aggrieved because despite lapse of considerable time and unexplained delay they had not been compensated for their land acquired for development of various sectors.
The CDA also admitted the claim for compensation by the petitioners but contended that due to financial constraints payment could not be made.
Justice Minallah observed that “this is indeed an alarming situation because it has been rightly pointed out by the affectees that while latter have not been compensated, developed plots have been allotted at throwaway prices and in non-transparent manner i.e. without being auctioned to a few categories of persons.”
The counsel for the CDA could not explain the delay in payment of compensation to the petitioners and as to why the plots developed on acquired land had been allotted to some privileged classes at throwaway prices without
first adequately compensating the owners of land who were affected by what the court termed “forcible acquisition.”
Subsequently, Justice Minallah observed that “the situation in Islamabad Capital Territory regarding payment of compensation to genuine affectees is a classic example of depriving them of guaranteed fundamental rights under the constitution particularly Article 9, 23, 24 and 25.”
The court constituted a commission and directed the federal government to consider its recommendations for compensating the affected people.