Form No: HCJD/C-121

JUDGMENT SHEET

IN THE ISLAMABAD HIGH COURT, ISLAMABAD (JUDICIAL DEPARTMENT)

W.P. No. 3877 of 2019

Farhan Mustafa

Vs.

The State and others

Petitioners by : M/s Javed Iqbal Khan, Syed Wusatul Hassan Shah and Raja M. Shafait Abbasi Advocates.

Respondents by : M/s Afnan Karim Kundi and Intaizar Hussain Panjutha Advocates, for respondent/CDA.

M/s Ali Raza, Syed Ali Zafar,Naseem Ahmed Shah, Khawaja Ahmed Tariq Tahim, Khawaja Azhar Siddique, Hassan Ahmed, Maryam Ali Abbasi and Ch. HafeezUllahYaqub Advocates, for respondents.

Syed Muhammad Tayyab, DAG. Mr Rabi bin Tariq, State Counsel.

Dr Shahid, Member Planning CDA. Mr GoharZaman, Assistant Commissioner (Saddar). Mian Imran, SHO Bani Gala and KhurramAslam, Sub Inspector.

Date of Hearing : 02-09-2020.

ATHAR MINALLAH, C.J.-

What would it be like to live in a society that is not governed by the rule of law? A society where elite capture becomes an essential characteristic of governance and where public functionaries appear to be more eager to serve the privileged classes at the expense of state resources and its assets rather than treating every citizen

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equal and protecting their rights, particularly those who need to be guarded the most. In such an eventuality it becomes a classic case of breach of the constitutional obligation under Article 5 of the

Constitution of the Islamic Republic of Pakistan, 1973 (hereinafter referred to as the "Constitution"). Consequently, rule of law is relegated to the status of mere political rhetoric. The petitions in hand and the ensuing proceedings are probably a tip of the iceberg, indicating the non existence of rule of law with the weaker segments of society being treated differently as 'ordinary citizens' and thus the protection of their rights guaranteed under the Constitution is no more a priority. The deplorable status of governance, demonstrably observed during these proceedings, has raised paramount questions of public importance in the context of grave violations of fundamental rights. The facts and circumstances of the case in hand indicate a virtual collapse of the governance system for those who need the protection of the state and its institutions the most. It is an example of how regulators and public functionaries are eager to bend the laws, mislead the courts, abuse and misconstrue orders passed during judicial proceedings merely to enrich and benefit the privileged and resourceful segments of society at the expense of assets belonging to the people at large and their fundamental rights. These proceedings have demonstrated the disturbing fact that 'ordinary citizens' are not being served while the privileged and resourceful appear to be treated as if they are above the law. It also shows how summaries are manipulated in order to mislead the Federal Cabinet so as to get favorable decisions. The grievances raised in the petitions in hand

(listed in “Annexure A” attached hereto) and the ensuing proceedings

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have brought to the fore the abysmally disturbing role of the State and its appointed agents i.e. public functionaries, within the 1400 square mile area of the Islamabad Capital Territory. The 'ordinary citizens' are exposed to harm because of arbitrary decisions of public functionaries while they are not treated as equal citizens with respect and dignity.

The proceedings before this court and the admitted facts have made it obvious that either the writ of the statutory regulatory authorities and public functionaries has eroded or they have become willingly complacent in bending and ignoring the laws so as to facilitate the enrichment of the privileged and powerful at the cost of transgression of fundamental rights of the weaker citizens. The conduct of public functionaries and the system of governance observed during the proceedings has highlighted the gravity of the violations of constitutionally guaranteed fundamental rights and the apathy of those who have been entrusted with the onerous task of protecting the weak and vulnerable. While the ordinary citizens and general public are definitely the victims of what appears to be a deep malaise in the context of governance, the interests and rights of future generations are equally threatened and the loss already caused may have become irretrievable. The area declared in the master plan as a 'national park' has been mercilessly destroyed by those very institutions and public functionaries who were responsible under the law to protect it. The damage to natural habitats, ecosystems and biodiversity has profound consequences for the future which inevitably leads to ravishing the right to life, not only of every citizen but the future generations as well.

All this had become obvious during these proceedings as would be highlighted in the discussion that follows. It is undoubtedly a case that

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highlights unimaginable injustice and inequitable treatment extended by the State to its citizens who are being treated as “ordinary’’.

Facts and the ensuing proceedings relating to the petitions in hand:

2. The constitutional jurisdiction of this Court was initially invoked by the filing of W.P. No. 3877/2019, titled “Farhan Mustafa v. the State and others”. The petitioner, a native local resident, was aggrieved because the Incharge of Police Station Bani Gala, Islamabad had refused to discharge his obligations of setting in motion the wheels of law despite the gravity of alleged criminal acts relating to property rights. The petition filed by the petitioner under sections 22-A & 22-B of the Code of Criminal Procedure, 1898 [hereinafter referred to as the

“Cr.P.C.”] was dismissed, inter alia, on the ground that the Capital

Development Authority [hereinafter referred to as the “Authority”] had issued a ‘No Objection Certificate’ in favor of a private profit making entity and that medical report regarding injuries had not been placed on record. The petition was dismissed by the learned Additional

Sessions Judge vide order dated 28.09.2019 and the reasoning given therein amounted to adjudicating the alleged complaint on merits and, that too, based on irrelevant considerations. The said order was assailed before this Court by invoking its constitutional jurisdiction under Article 199 of the Constitution. When the petition was taken up on 21.11.2019, this Court was informed that the alleged activities were being illegally carried out by the private armed guards and officials of

Messrs Park View Enclave (Pvt.) Limited [hereinafter referred to as the

“Company”]. It was alleged that the Company was involved in

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massive land grabbing and other illegal activities with direct and indirect support of the police, revenue officials and the regulator. It was alleged that private armed people were dispossessing citizens of their properties and that too of land which had been acquired but compensation relating to built up properties was yet to be paid to the affected owners. The competent authorities had not completed the acquisition proceedings under the law and that the private armed persons had no authority to take the law in their own hands on behalf of the Company by depriving citizens of their rights. It was asserted that the public functionaries and officials of the Authority were facilitating the Company in violating the rights of the citizens who were in possession of their ancestral properties. The assertions involving transgression of rights guaranteed under Articles 9, 14, 23 and 24 of the Constitution were indeed alarming and so grave that they could not be ignored. The reasons recorded in the impugned order for dismissing the petition by the learned Justice of Peace i.e. the 'No Objection

Certificate' having been issued under the law appeared to have given legal cover to any illegal activities that may have been or could be committed against the rights of citizens. The magnitude of the allegations and its consequences in the context of rights of every citizen were of such nature that could neither be imagined in a society governed under the Constitution nor ignored by a court entrusted with extraordinary constitutional jurisdiction. Keeping in view the serious nature of the alleged violations of the constitutionally guaranteed fundamental rights, notice was issued to the Authority. A senior official of the Authority attended the Court on 25.11.2019, but regrettably she did not appear to be well conversant with the status of the acquired

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land nor the 'No Objection Certificate' issued in favor of the Company.

She could also not give any satisfactory justification as to why a private profit making entity was allowed to take the law in its own hands and dispossess citizens of their lands or otherwise interfere with their property rights. The matter was adjourned and on the next date of hearing, i.e. 27.11.2019, she appeared and informed that the Board of the Authority, in its meeting held on 09.05.2018, had authorized the private profit earning entity i.e. the Company to use the acquired land in order to enable it to obtain the ‘No Objection Certificate’ for developing a private housing society in the revenue estate of Malot,

District Islamabad. It was asserted on behalf of the petitioner that the person behind the Company and the commission of the alleged illegal activities was an influential political figure currently holding an important public office. The official who had appeared on behalf of the

Authority was not able to satisfy the Court under what authority of law the Company had been authorized to carry out illegal activities and that too on land that vested in the State. There was no explanation for allowing the private entity to take the law in its own hands. The complacency and inaction of the police, revenue officials and public office holders of the regulators such as the Authority had, prima facie, further become obvious when several other residents of the area filed applications for being impleaded as necessary parties by raising similar grievances. Copies of documents were placed on record to show that several criminal cases had been registered for alleged offences relating to forced illegal dispossession or attempts made in relation thereto.

The aggrieved citizens also placed on record copies of written complaints addressed to various authorities regarding illegal activities

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allegedly committed by private armed persons on behalf of the

Company and which were not responded to. Likewise, this Court was inundated with written complaints received through mail and the same were converted into petitions by dispensing with the formalities, so that the right of access to a constitutional court is not denied. The conduct of the Company during the proceedings affirmed the grievances of the petitioner when it entered into a written compromise with the petitioner. The petitioner filed CM 5545/2019 and along therewith an affidavit executed, amongst others, by the Chief

Executive of the Company was attached. It has been stated in the affidavit that settlement was arrived at in a 'jirga' and that the

Company had removed the illegal obstruction to the property of the petitioner and that an assurance was given that the access to the property will not be interfered with. On the basis of this settlement deed it was prayed that the petitioner may be allowed to withdraw his petition. The conduct of the Company was an affirmation of the grievance of the petitioner. The learned counsel for the petitioner, an enrolled counsel, namely Javed Iqbal Khan, Advocate High Court filed application CM 2141/2020. It was asserted in the application that the facts and circumstances that had come to his knowledge went beyond the grievance of the petitioner and had become a question of upholding the rule of law. He, therefore, prayed to be impleaded as a petitioner because the abysmal status of the rule of law made it his duty as an enrolled counsel to pursue the matter before this Court. Proceedings of this nature would have been alarming for any Court vested with protecting constitutional rights. The enormity of the prevailing situation

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of governance and violation of fundamental rights would become more obvious in the following discussion.

3. For a constitutional court it was an extraordinary and unusually alarming state of governance, reflecting lawlessness and absence of protection of the citizens and their rights. It appeared as though the State and its agents, i.e. the public functionaries, had either become indifferent towards their constitutional obligations or they were facilitating the usurpation and unimaginable violations of fundamental rights so as to illegally benefit and enrich a profit earning entity i.e. the

Company. The Chairman of the Authority was, therefore, summoned to appear on 28.11.2019. The latter candidly conceded and acknowledged that the Company had been allowed activities on land that had been acquired but possession thereof was not yet taken on account of compensation disputes. The Chairman was not able to justify the alleged activities and apparent lawlessness nor the extending of extraordinary preferential treatment to a profit earning private entity. He sought time so as to enable the Board of the

Authority to review the matter. It is noted that the Chairman also holds the charge of the office of the Chief Commissioner, Islamabad Capital

Territory.

4. In the meanwhile, another writ petition i.e. W.P. No.

4252/2019, titled “Ahmad Shah Bokhari and others v. Chairman, CDA, etc.“ was filed on 06-12-2019 by native residents of the area and the assertions and allegations made in the memorandum of the petition, prima facie, not only lent support to the grievances raised in the earlier petition and the written complaints but further highlighted the

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appalling status of governance and the threat to constitutionally guaranteed rights. The assertions made in the petition further highlighted an apparent breakdown of the governance system for citizens other than those treated as privileged and the elite. The petitioners had explicitly challenged the legality and issuance of the

‘No Objection Certificate’ in favor of the Company. In the meanwhile, several other applications were received and the same were converted into constitutional petitions in exercise of powers vested under the High

Court Rules and Orders. In a nutshell, armed private persons were alleged to have assumed the role of the State by dispossessing native residents of their properties on behalf of the Company, resorting to criminal intimidation, blocking of access to private properties and, above all, carrying out illegal activities on land vesting in the State.

Land grabbing by private persons was a common grievance and so was the indifference or complacency of the agents of the State i.e. public functionaries. The State and its agents i.e. public functionaries, rather than protecting the citizens, appeared to be facilitating the Company and those who were acting on its behalf, whether as their employees or agents. Applications were also filed for impleading as parties by applicants who claim to have invested in the housing scheme which was being developed by the Company. Some claim to have purchased plots while others assert that they had already constructed buildings.

The Authority had confirmed that the area regarding which grievances were raised and where the Company was establishing a housing scheme has been described as a 'national park' in the master plan. It, therefore, raised concerns regarding environmental protection and the enforcement of applicable laws. The abysmally grave and horrendous

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status of rule of law and the grievances raised before this Court necessitated the issuance of directions to various authorities vide order, dated 13.08.2020.

5. The Deputy Commissioner, Islamabad Capital Territory, pursuant to the direction, submitted a written report. It was stated that the Assistant Commissioner (Saddar)/Additional Collector, Islamabad

Capital Territory was appointed to inquire into the matter. The report of the Assistant Commissioner (Saddar)/Additional Collector,

Islamabad Capital Territory, was also attached with the report. The reports of both the highest ranking revenue officials have unambiguously confirmed the enabling environment and conditions which have exposed citizens to irretrievable harm. The reports speak volumes for lack of governance during the past many decades. It highlights the reasons which have enabled the unscrupulous elements to exploit the situation and take advantage of the apathy and complacency of the State and its functionaries. It has been acknowledged that failure to demarcate the land purchased by the

Company has led to the complaints by the affected citizens. It has also been confirmed that the Company, by taking land into possession without its demarcation under the relevant laws i.e. the Land Revenue

Act 1967 and the rules made there under, has undermined the rights of the citizens. It has been acknowledged that the Company was required to have demarcated the land before taking possession in order to avoid disputes with persons already in possession. It has been pointed out that the major factor facilitating the menace of land grabbing are the "shamlaat" lands i.e. such land which does not come under habitation and cultivation and is considered as jumla

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mushtaraka. The Deputy Commissioner has suggested the remedies as well. Undertaking the exercise of 'consolidation/istimall' or settlement and enforcing the requirement of demarcation of land. The

Deputy Commissioner has stated that the concerned revenue officials allegedly involved in favoring the Company were transferred. Section

144 of the Cr.P.C. has been invoked and the Company has been restrained from taking possession of land. The Deputy Commissioner described measures already taken to reform the system. There is a disturbing and startling revelation in the report of the Assistant

Commissioner (Saddar)/Additional Collector, Islamabad Capital

Territory that the Federal Investigation Agency is also allegedly involved in the business of sale and purchase of land and private persons are held out as its representatives. In a nutshell, the report of the highest revenue official is an endorsement of the widespread phenomenon of land grabbing, involvement of public functionaries in illegal activities and, above all, a complete breakdown of the obsolete and outdated revenue system. It is a confirmation of the petitioners main grievance that the State and its functionaries have created an enabling environment which allows the resourceful and powerful elite to exploit and abuse the existing governance system to benefit and enrich themselves at the cost of constitutionally guaranteed rights of citizens who are treated as 'ordinary' and are not a priority.

6. The Special Assistant to the Prime Minister on Climate

Change and the Secretary Ministry of Climate Change had jointly visited the area and had submitted a written report pursuant to the direction of this Court. Likewise, the Director General, Environmental

Protection Agency of Pakistan [hereinafter referred to as the

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“Agency”] has also submitted a separate report. They have acknowledged, in their respective reports, the violations committed by the Company in fulfilling the terms and conditions of a conditional permission granted by the Director General of the Agency. However, it is noted that, while granting permission, the mandatory provisions of the Pakistan Environmental Act 1997 [hereinafter referred to as the

“Act of 1997”] and the rules/regulations made there under do not appear to have been complied with. It is astonishing to note that public land vested in the Zoological Survey Department, under the Ministry of Climate Change, has also admittedly been encroached. The reports highlight the fact that neither the Ministry nor the Agency seem to be concerned that the illegal activities had led to the destruction of hills, forest area and landscape protected under the law. The conditional permission granted by the Director General of the Agency and the manner in which it was granted should have raised questions, but the

Ministry of Climate Change and the Agency, for reasons known to them, have preferred to look the other way. Neither the Special

Assistant to the Prime Minister nor the Director General of the Agency appear to be concerned that the 'national park' area, declared and identified in the master plan as such, has been and continues to be mercilessly destroyed. The reports have raised questions regarding the will, expertise and competence of the Agency and the commitment of the Federal Government to safeguard the people and the future generations from the devastating and life threatening consequences of climate change and environmental degradation.

The Company and the Housing Scheme:

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7. The Company is an incorporated juridical person and, inter-alia, engaged in the business of real estate development. It is a privately owned profit making entity. The Company asserts that it had purchased land measuring 1067.90 kanals in the revenue estate Malot, situated in Zone-IV of Islamabad Capital Territory. The said land was purchased with the intent to establish a housing scheme by the name of Park View City Housing Scheme [hereinafter referred to as the

“Housing Scheme”]. As has been noted above, it has been confirmed by the Deputy Commissioner and the Assistant Commissioner that the

Company did not get its land demarcated, which has given rise to allegations of forcibly dispossessing others and blocking their right of way. The Authority approved the layout plan for the Housing Scheme on 04.02.2013 which was subject to the fulfillment of various conditions. One of the conditions was to provide a 100 foot wide access/road to the Housing Scheme. Moreover, the development work was not to commence without obtaining a ‘No Objection Certificate’.

The Board, in its meeting held on 17.04.2014, approved the issuance of the ‘No Objection Certificate’ despite the fact that in Zone IV establishing a private housing scheme was not allowed at the time as would be discussed later. The Authority, vide letter dated 07.11.2014, cancelled/withdrew the ‘No Objection Certificate’ dated 02.05.2014.

The Company, vide letter dated 08.06.2016, requested the Authority to restore the ‘No Objection Certificate’ and when there was no response, a constitutional petition i.e. W.P. No. 2739/2016, titled “Park

View Enclave (Pvt.) Ltd. v. CDA and others” was filed before this Court.

The said petition was dismissed vide judgment dated 27.12.2017

(hereinafter referred to as the “Park View Judgment") and wherein

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this Court had recorded observations highlighting the conduct of the

Company, the Authority and other public office holders entrusted with the obligation of enforcing the law. As will be noted later, the said judgment has attained finality because the appeal filed by the

Company was dismissed as having been withdrawn. The Company thus accepted the veracity of the observations and findings recorded in the judgment. The judgment highlights the conduct of the Company, its lack of respect for the law and the helplessness and apathy of the

Authority. It is a testament of how rule of law is undermined by the influential and the elite, consequently causing irretrievable damage, not only to the citizens at large but the future generations as well. It is interesting to note that neither the Company nor the Authority made any attempt to expunge the damning paragraphs from the judgment which are no less than a charge sheet against both. The relevant portions are reproduced as follows;

“36. Now, the first condition of the approval of the

layout plan of the petitioner’s housing scheme is that

“no development work shall be carried out in the

scheme until the NOC for development is obtained

from CDA”. It is implicit in the said condition that the

petitioner must stop the development work when the

N.O.C. is cancelled or withdrawn. By not stopping the

development work after the cancellation or withdrawal

of the N.O.C., the petitioner violated the terms and

conditions on which the layout plan was approved, and

soiled its hands.

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37. Vide letter dated 23.01.2017, issued by the

Planning Wing of C.D.A., the petitioner was warned that the development work on the scheme had been started without permission from the C.D.A. This, the

C.D.A. asserted, was cognizable offence under the

C.D.A. Regulations. Furthermore, the petitioner was advised to stop the development at the site till the no objection certificate was restored by the C.D.A. The said warning was again issued by the Planning Wing of the C.D.A to the petitioner, vide letter dated

17.02.2017.

38. Apparently, the petitioner continued with the development work despite the said warnings issued by the Planning Wing of C.D.A. Vide letter dated

02.06.2017, the Planning Wing of C.D.A., again voiced its concern over the petitioner continuing with the development work without restoration of its N.O.C. The petitioner was put on notice that such development work was in violation of the terms and conditions on which the layout plan was approved on 14.02.2013.

The petitioner was advised in its own interest to stop the development work until an N.O.C. was obtained from the C.D.A. The petitioner was cautioned that in the event of failure to stop the unauthorized development work within seven days, the C.D.A. would initiate legal action, including the cancellation of the layout plan, and the imposition of penalties.

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39. The C.D.A’s said warnings fell on deaf ears. Even during the pendency of this petition, the learned counsel for the C.D.A. complained about the fact that the petitioner was continuing with the development work without an N.O.C. In the order dated 27.02.2017, this Court observed that anything done at the site by the petitioner during the pendency of this case, shall be entirely at its own risk and costs. The learned counsel for the petitioner did not deny that despite the cancellation of the N.O.C., the petitioner continued with the development work at its own risk. In the case of Al-Haaj Raees Ahmad Qureshi Vs. Water and

Sanitation Agency (W.A.S.A.) (2005 YLR 326), it has been held inter-alia construction of a building without a sanctioned building plan was allowed by the High

Court through an interim order at the petitioner’s risk and cost. It was held that such an order would not create any right in the petitioner’s favour.

40. Now, if this writ petition is to be allowed, this Court would either have to turn a blind eye or to simply condone the development work carried out by the petitioner despite the cancellation of the N.O.C. It ought to be borne in mind that the Planning Wing of the C.D.A. had time and again cautioned the petitioner not to carry out development work until the N.O.C. was restored. Scant regard was given by the petitioner to such advice. The instant case is not a case where the

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terms of the N.O.C., after its issuance, were amended so as to operate to the petitioner’s detriment. The principle of promissory estoppels or legitimate expectation would not apply to the case at hand because the terms and conditions of the N.O.C. or the layout plan were not amended so as to make them more onerous to the petitioner during the validity of the N.O.C. The decision of the C.D.A. Board to require every housing scheme to have a 100 foot wide access road (dual carriageway) from an “arterial road” was made across the board and applied to all parties setting up housing schemes in Zone-IV. It must be borne in mind that when the said decision was taken by the

C.D.A. Board in its meeting dated 09.06.2017, the petitioner’s N.O.C. stood cancelled. It would have been a different matter had the said decision being taken during the validity of the N.O.C. dated 02.05.2014.

True, the N.O.C. was cancelled because 79.43 Kanals of land had not 18 W.P.No.2739/2016 been transferred by the petitioner to the C.D.A. It is equally true that the said land was subsequently transferred to the

C.D.A. But before a decision could be taken to restore the N.O.C., the C.D.A. Board took a decision that all housing schemes in Zone-IV were required to provide a 100-foot wide access road from the main arterial road. We must also not lose sight of the fact that despite the cancellation of the said N.O.C., the

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petitioner continued unabashed with the development work in the face of continued warnings by the Planning

Wing of the C.D.A. to stop the development work. The vital question that must be asked that in the face of such brazen defiance of warnings issued by C.D.A., can the petitioner be granted relief in the equitable/discretionary jurisdiction of this Court. I would say certainly not.

41. A party establishing a housing scheme within the

Islamabad Capital Territory has to show respect to the provisions of the C.D.A. Ordinance, 1960, as well as the rules and regulations made thereunder. The petitioner took a calculated risk in continuing with the development work in the face of continued warnings from the Planning Wing of the C.D.A. The consequences of the risk that the petitioner took is something that it must now face. One such consequence is that it would not be entitled to relief in the discretionary/equitable jurisdiction of this Court.

The Regulations made by the C.D.A. making the issuance of the N.O.C. as an essential pre-requisite for the development works cannot be given a go-bye because of the magnitude of the petitioner’s housing scheme or the financial benefit that the petitioner was aiming to gain from the sale of plots in such housing scheme. It is just not possible for this Court to validate the construction carried out by the petitioner during

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the period when the N.O.C. stood cancelled. Such construction was not permissible under the terms on which the layout plan was approved, as well as the law.

In the case of Gouriet vs. Union of Post Office Workers

[1977] 1 All ER 696, Lord Alfred Thompson Denning observed: “Be you ever so high, the law is above you”.

42. As mentioned above, in the writ petition, the petitioner had challenged the notification dated

07.11.2014, whereby C.D.A. had cancelled/withdrawn the N.O.C., dated 02.05.2014. The petitioner had filed the writ petition on 04.07.2016 (i.e. more than one year and seven months after the issuance of the impugned notification dated 07.11.2014). Therefore, in such circumstances, the indolence on the petitioner’s part cannot be ignored, while deciding whether or not to extend to it relief under the extraordinary and discretionary jurisdiction of this

Court under Article 199 of the Constitution. It must also be appreciated that in all this time (one year and seven months), the petitioner was not sitting idle, but was carrying on construction and development works with no N.O.C. in its favour.

43. It is well settled that under Article 199 of the

Constitution, the power of a High Court to issue an appropriate writ, order or direction is discretionary.

One of the grounds on which relief can be refused by a

Court exercising writ jurisdiction is when the petitioner

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is guilty of delay and laches. It is imperative, where

the petitioner invokes extraordinary remedy under

Article 199 of the Constitution, that he should come to

the Court at the earliest possible opportunity. An

inordinate delay in making the motion for a writ is

indeed an adequate ground for refusing to exercise

discretion in favour of the petitioner. Thus, when the

petitioner was guilty of laches or undue delay in

approaching the High Court, the principle of laches or

undue delay disentitled the petitioner from

discretionary relief under Article 199 of the

Constitution from the High Court, particularly, when

there is no plausible explanation on the petitioner’s

part for his blame worthy conduct of approaching the

High Court with undue delay. It is well settled that

Courts cannot come to the rescue of persons, who are

not vigilant regarding their rights. It is unjust to give

the petitioner a remedy where, by his conduct, he has

done that which might fairly be regarded as equivalent

to a waiver.”

8. It is obvious from the above quoted passages that the

Company appears to have no respect for the law. The Authority is also in breach of the fiduciary duty under the statute to enforce the writ of the State without fear or favour. The judgment and the above observations are sufficient to establish that the Company has regarded itself above the law and so did the Authority acting on behalf of the

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State. The aforementioned judgment was challenged by the Company by preferring an intra court appeal i.e. ICA No. 05/2018, titled “Park

View Enclave (Pvt.) Limited v. CDA, etc”. The appeal was dismissed vide order, dated 17-05-2018, by the learned Division Bench, pursuant to an application seeking its withdrawal. The dismissal of the appeal thus gave finality to the judgment of this Court, dated 27.12.2017, passed in W.P. No. 2739/2016, titled “Park View Enclave (Pvt.) Ltd. v.

CDA and others”. A summary, dated 24.04.2018, was prepared and forwarded by the Director Regional Planning for approval of the Board of the Authority. A plain reading of the summary shows how facts were suppressed and the proceedings before this Court were wrongly presented to maneuver and manage a favorable decision to extend extraordinary benefit and to facilitate the Company in getting the ‘No

Objection Certificate’. The summary contemptuously refers to orders passed by the learned Division Bench of this Court. This Court had neither endorsed any proposal nor had directed the Authority to give illegal approval in favour of the Company. The official, who had prepared and presented the summary, misrepresented the proceedings by giving the impression that the purported proposal had the approval of the learned Division Bench of this Court. The official, despite being a town planner, as appears from his designation, withheld crucial information from the Board. It was grossly misrepresented that the

'master plan' included the road, while the land had been acquired and could only have been planned and developed in accordance with a

Scheme prepared under sections 12, 13 and 14 of the Ordinance of

1960. The proposer did not mention in the summary that the area falls in Zone IV and it is described in the 'master plan' of the Capital as a

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'national park'. The most shocking proposal was to allow the Company to construct a road over acquired state land in order to enable the latter to obtain the 'No Objection Certificate' for making windfall profits. The reference to the case of another housing scheme was also not warranted and neither justified abuse of acquired land. It is noted that the acquisition proceedings were not completed because compensation for built up properties was not paid. Based on the summary, dated

24.04.2018, the Board in its meeting held on 09.05.2018, purportedly granted approval thereto without any demur. The Board members were presumed to know that it was not empowered under the law to grant such approval under the Capital Development Authority Ordinance,

1960 [hereinafter referred to as the “Ordinance of 1960”] and the regulations made there under. The summary and the approval given by the Board were, prima facie, a classic case of misuse of authority to benefit and enrich a private entity at the cost of state land and loss to the exchequer.

9. The Authority has placed on record a written report and parawise comments, wherein the grant of a ‘No Objection Certificate’ in favour of the Company has been justified. It was argued on behalf of the Authority that the area where the Company has been granted a

‘No Objection Certificate’ for the purposes of developing a housing scheme is not part of the 'national park'. Reference has been made to orders passed by the learned Division Bench of this Court in ICA No.

05/2018 as if direction had been given to endorse and approve the proposal. A plea has been taken by the Authority that allowing the

Company to construct a road over the state land was 'in the larger

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public interest'. The Authority, during the arguments and in its written comments, did not explain how acquired land could have been used to benefit the Company in violation of the scheme of the Ordinance of

1960.

10. The learned counsel for the Company has submitted written arguments and he was also heard at the Bar. He referred to the application filed by the petitioner/applicant i.e. CM. No. 5441/2019, seeking withdrawal of his petition besides objecting to the application filed by the learned counsel, namely Javed Iqbal Khan i.e. CM No.

2141/2020, who had sought permission to pursue the matter. The learned counsel has argued that; the court had gone beyond the relief sought in the petition by passing orders dated 03.08.2020 and

13.08.2020; the Company has been singled out while several other housing schemes have already been established illegally without obtaining the permission or approval required under the law; the zoning regulations were amended pursuant to a judgment of the apex

Court in the case titled “Suo Motu Case No. 10 of 2007” [PLD 2008

S.C. 673]; Zone-IV has not been declared as a 'national park' and no such notification has been issued by the competent authority; the assertions and the allegations made by the petitioners were not specific and general in nature;; the petitioners in W.P. No. 4252/2019, have prayed to the extent of restraining the Authority from granting a ‘No

Objection Certificate’; the assertions and allegations in the memorandum of W.P. No. 4252/2019 are mere frivolous and malicious allegations to harass the Company; the 100 foot wide access road constructed by the Company from its existing housing scheme till the

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road constructed by the Authority was built on the land purchased by the Company privately; reliance has been placed on the cases “Raja

Muhammad Nadeem v. The State and another” [PLD 2020 SC 282],

“Dr Imran Khattak v. Ms Sofia WaqarKhattak, PSO to Chief Justice and others” [2014 SCMR 122], “Shahnaz Begum v. The Hon’ble Justice of the High Court of Sindh and Balochistan and another” [PLD 1971 SC

677] in support of the contention that the high court is not vested with the power to initiate suo-motu proceedings. Reliance has also been placed on the cases “Premier Battery Industries Private Limited v.

Karachi Water and Sewerages Board and others” [2018 SCMR 365],

“Muhammad Shafique Khan Swati v. Federation of Pakistan through

Secretary Ministry of Water and Power, Islamabad and others” [2015

SCMR 851], “Echo West International (Pvt.) Ltd. Lahore v. Government of Punjab through its Secretary & 4 others” [2009 CLD 937], “Javed

Ibrahim Paracha v. Federation of Pakistan and others” [PLD 2004 SC

482], “Prof. Muhammad Usman and others v. Punjab University

Academic Staff Association and Others” [1991 SCMR 320], “Akhtar

Abbas and Others v. NayyarHussain” [1982 SCMR 549]. It has been contended that the ‘No Objection Certificate’ issued in favour of the

Company was in accordance with the law and does not suffer from any legal infirmity requiring interference.

11. Khawaja Ahmed Tariq Rahim, Senior ASC, Syed Ali Zafar,

Senior ASC, Khawaja Azhar Siddique ASC and Mr IrfanQadir ASC appeared on behalf of the applicants who assert that they have invested in the housing project and some have also constructed houses on purchased plots. The learned counsels have argued that the

Company was granted permission to establish the Housing Scheme in

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accordance with the master plan and the Zoning Regulations, 1992.

The ‘No Objection Certificate’ issued in favour the Company was legal and in consonance with the relevant laws, rules and regulations; third party interests have been created and, therefore, at this stage they cannot be deprived of their rights.

12. The learned counsels have been heard and the record perused with their able assistance.

13. The facts and the events that have been brought on the record are unimaginable in a society that is governed under a

Constitution which guarantees fundamental rights. The contumacious conduct of the Company needs no elaboration because the observations made by this Court in the Park View Judgment have attained finality after the appeal was withdrawn and accordingly dismissed. The lack of ability on part of the Authority and other public functionaries to enforce the law and protect the citizens against harm, whether on account of complacency or incompetence, stands acknowledged in the reports submitted by public functionaries. The reports submitted by the Deputy Commissioner and the Assistant

Commissioner are an admission on the part of the state that the system of governance no more serves those citizens who need protection the most. They have virtually conceded and given reasons for the widespread complaints by citizens regarding the phenomenon of land grabbing and other violations relating to property rights guaranteed under Articles 23 and 24 of the Constitution. The reports in fact bring to the fore the factors which have created an enabling environment for the influential and powerful to violate the property rights of the less

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privileged while the agents of the State, i.e. public functionaries, either look the other way or are complacent. The grievance of the petitioner in writ petition no. 3877 of 2019 stood confirmed in the light of the affidavit executed by the CEO of the Company which was brought on record. The land already acquired by the Authority is in possession of its owners because the latter are yet to be compensated. The same land was allowed by the Authority to be used as a tool to extend an extraordinary benefit to the Company, a private profit making entity.

The enrichment of the Company at the cost of the State land has raised questions of paramount public importance. The 'No Objection

Certificate' has been explicitly questioned in one of the petitions in hand. In order to adjudicate the questions that have been agitated before this Court, it would be beneficial to examine the legal framework and the scheme of law enforced in the 1400 square mile area of the

Islamabad Capital Territory. The legal framework and law was elaborately discussed in the judgment titled “Shahzada Sikandar ul

Mulk and 04 others vs. Capital Development Authority and four others”

[PLD 2019 Islamabad 365]. The said judgment attained finality since it was upheld by the august Supreme Court.

Legal Framework:

(ii) Background of the legislation:

14. In order to discover the legislative intent in promulgating the enforced statutes and laws it would be essential to examine the historical events which had preceded their enactment. The Islamic

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Republic of Pakistan came into existence after a long drawn struggle.

On the eve of independence the newly formed nation did not have a capital. The first task of the Government was to search for the most suitable place which could be declared as the country’s capital. The

Government of Pakistan appointed a consultant company namely MRVP to prepare a master plan for the city of Karachi. The master plan was prepared in 1952 but it could not get official approval. The then

President of Pakistan constituted a special Commission for identifying a suitable location for the Capital. The Commission held its first meeting in 1959. Nine Sub-Committees were constituted consisting of experts from various fields to make recommendations. In February

1959, the President of Pakistan appointed a renowned architect and city planner having international repute, namely Dr C. A Doxiadis, as

Advisor to the special Commission for location of the Capital. A preliminary report was submitted by the Commission, i.e. DOX-PA 88, to the Government. In June 1959 the special Commission for location of the Capital submitted its report, wherein it was recommended that the city of Karachi was not a suitable site for establishing a Capital and that the area around the city of Rawalpindi was more appropriate. Two sites i.e. A & B were proposed. In June 1959, the President of Pakistan publicly announced his decision regarding the selection of the proposed area-A as the site for the Capital. Dr. C. A Doxiadis was given the task of preparing the next phase. In September 1959, the President of

Pakistan and the Cabinet established the Federal Capital Commission.

The renowned international firm of town planning, namely M/S

Doxiadis Associates, was appointed as consultant to the Federal Capital

Commission. The said Commission constituted fourteen sub

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committees of experts to carry out surveys and investigations for preparing a Master Plan for the selected area-A, which was to be the

Capital of Pakistan. The said sub committees submitted several reports after extensive research and they carried out in depth studies regarding several important aspects which, inter alia, included topographical survey, hydrological and surface water survey, investigations relating to geological, sub soil and ground water, transportation and communications, economic and financial studies etc. On 24.02.1960, the Cabinet gave the new Capital the name of

Islamabad. In May 1960, pursuant to the surveys and studies conducted by the fourteen committees, a preliminary master programme and master plan was prepared and designed by the Greek architect Dr C. A Doxodias and his firm. On 24.05.1960, the first

Cabinet meeting was held in Islamabad. On 01.06.1960, the Federal

Capital Commission was succeeded by the Capital Development

Authority. The Authority was established on 01.06.1960 for planning and developing the Capital i.e. Islamabad, in accordance with the

Master Plan and the phased master programme. The President of

Pakistan was pleased to promulgate the Ordinance of 1960.

Simultaneously, another crucial legislative instrument i.e. the Pakistan

Capital Regulation MLR-82, 1960 (hereinafter referred to as the “MLR-

82”) was also enforced.

(ii) The Master Plan:

15. After extensive surveys and studies the sub committees submitted their final reports. Dr. C. A Doxiadis and his consultant firm

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submitted a final report titled ‘Recapitulative Report DOX-PA 88’. This report consists of three parts and an introduction. The three parts are titled "Towards a new Capital", "Towards Islamabad" and "Programme and plan for Islamabad" respectively. This report is the descriptive part of the Master Plan and programme for the development of the Capital.

This Court has had the privilege of going through this historical document and its detail, comprehensiveness and professional excellence are praiseworthy. This document, in fact, explains and gives the details of the Master Plan (hereinafter referred to as the "Master

Plan"). This historic and internationally outstanding work of town planning was the outcome of several months of deliberations and extensive surveys conducted and data collected by various sub committees which had been constituted for this purpose. Constantinos

Apostolou Doxiadis was honoured with special awards for this masterpiece of town planning i.e. the Master Plan of Islamabad. The vision of the founding planners of the Capital of Islamabad is recorded in page 160 of the Master Plan as follows:-

"The Capital of a country is not merely just another city; it is a LEADER among cities. To this city come leaders of administration and politics, commerce and trade, literature and art, religion and science. From this city flows the inspiration which pulsates life into the nation. It is a symbol of our hopes. It is a mirror of our desires. It is the heart and soul of the nation. It is, therefore, essential that the environment of the Capital should be such as to ensure continued vitality of the nation".

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16. The Master Plan prescribes detailed guidelines for a five year and a twenty year plan. The Master Plan is indeed a comprehensive document giving the details for the planning and development of Islamabad as the Capital of Pakistan. The Master Plan, inter alia, caters to the needs of all the different classes i.e. from the highest to the lowest income groups. The Master Plan has divided the entire territory of the ‘Specified Areas’ of the Federal Capital into five distinct Zones. The Master Plan is protected and has statutory backing in terms of section 11 and the Zoning Regulations, which would be discussed later. The location of the site and preparation of the Master

Plan were based on the fundamental principle of the creation of the

Capital of Pakistan as a city which would be able to develop freely and naturally along a planned and predetermined course. As explained in the detailed report, the descriptive form of the Master Plan, this master piece was based on the principle of comprehensive planning which included all social, all income groups and all types of functions. The principle was explicitly described as planning a city "where everybody is provided for, where privileged groups do not exist, and where the inhabitants are considered as entitled to equal treatment". It was further emphasized that "If we are to use our resources to serve all citizens and not a small minority, we must also design for economy in every respect". Based on these fundamental principles the Master Plan was prepared in great detail and its description was recorded in written form in several reports, particularly the final report.

17. The purpose for which the Authority was established and its duties and obligations under the Ordinance of 1960 have been eloquently described by Dr. C. A Doxiadis at page 426 of the final

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report, which was approved by the Government, and the relevant portions thereof are reproduced as follows;

“1041. CDA will be responsible for coordinating all endeavours for the development of the whole of the Capital Region so that unity of purpose is ensured at all times. The extent of the region to be controlled will be defined immediately upon approval of the regional plan, which has to be prepared as soon as possible. 1042. But even before that point is reached, in fact from now on, CDA will be generally responsible for coordinating all development within the Metropolitan Area. 1043. As soon as the regional plan is completed, CDA will have to take full control of all new developments within the region, which means that no major development till be possible within the region without its special approval. 1044. CDA may authorize other authorities to prepare plans or carry them out within the region without being itself in charge of all these projects. For example, a new resort may be created, of which CDA might in principle approve the location, size and importance, while at the same time leaving the designs in the hands of another authority for organization although necessarily retaining the right to approve these designs. 1045. Within the Metropolitan Area, however, the responsibilities of CDA will be much larger. It is within the Metropolitan Area that CDA should have not only full control, but full responsibility for every development. Here CDA will itself issue the permits for every kind of building, even the smallest one. 1046. It will not be permitted to add houses to existing villages, or even demolish houses within villages, without the special permission of CDA. This is because CDA may well think that some villages will have to be demolished later and that no investment should be

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encouraged or allowed in them, or that some villages must be preserved as elements of the National Park and that thus no addition to them should be allowed. 1047. The same is true of all other types of development within the Metropolitan Area and not only of buildings and construction. For example, change of cultivation, or cultivation of new areas, will also have to be approved by CDA, as likewise will the opening of new roads, even of minor importance, or the creation of new Cantonments.”

(iii) Description of Zone IV in the Master Plan:

18. The expressions 'region', 'metropolitan area' and

'Islamabad' have been separately defined in Articles 400 to 405. Article

404 defines the 'metropolitan area' and it has been divided into three distinct areas. Clause b of Article 404 describes the ‘National Park’ with all related functions, otherwise called the ‘semi urban part of

Islamabad’, as an integral part of the 'metropolitan area'. Article 408 further describes the ‘National Park’ as follows:

“408. The National Park consists of:

a. The national Park itself.

b. The rural areas within the National Park which will gradually be converted to other functions.

c. Special functions, such as the University town, Research stations and National institutions, which should not be built within Islamabad but within its Metropolitan area.”

Articles 653 to 656 describe the ‘semi urban area of

Islamabad/National park’ as follows:

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“c. Semi Urban Area of Islamabad (National Park)

653. The area East of BD and South of BC, which has been excluded as a possible Capital site, offers many advantages as a site for the National Park. It has great variety of landscape features, including the lake to be formed by the Rawal Dam, the hills and the rivers. This is the area where it is proposed to erect the Educational Institutions, the National University, the National Stadium, the Academy of Medical Sciences, the Atomic Research Institute, and all other Institutes related to culture, research or national development.

654. In this way the whole of the Metropolitan area has been divided into three clearly separated and defined areas in such manner as to avoid any unfavorable intermingling of functions in the future.

655. The Metropolitan area, from now on, includes Islamabad, the National Park, Rawalpindi and the Cantonments.

656. Agricultural areas will exist within the National Park, as well as within Rawalpindi and the Cantonments, for many years to come. These will not, therefore, be called rural areas in the future, but rural within the Metropolitan area.”

Likewise Article 911 gives the description of ‘National Park’ as below:

“911. a. Educational functions of national importance: National University, etc.

b. Institutions of a National character, i.e. National Research Centre, national Medical Centre.

c. National Sports Centre.

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d. National Park functions (preservation of rural life, wild life, forests).

e. Zoo, botanical gardens.

f. Exhibition grounds.”

A further elaboration of the ‘National Park’ has been made in Articles 950 to 961 as follows:

“950. The area of the National Park is an area which, by contrast to the previous ones of Islamabad and Rawalpindi - described as definitely urban areas – could be described as a park area. The title of National Park is given for the following two reasons:

a. Because it is intended that this area should gradually be bought by the Government and become national property, and b. Because it is considered to be an area which could be developed into a very big park where nature will be preserved in all its forms, as natural landscape - even when this consists only of stones and rocks - or hills, small valleys and rivers, as well as vegetation and animal-life.

951. The fact that Rawal lake has already been created presents an excellent opportunity for the creation of a place allowing for the development of an aquarium, of sports related to the water and the lake, etc.

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952. At the Southern part of the National Park it is provided in the future to be constructed a second dam on the Kurang river, the Lohibhir dam, and in this way a second lake would be created in the National Park. As a whole, the area of the National Park is already beautiful and can be made much more so and become an object of national pride.

953. It is thought that this area will provide the ideal site for the creation of many institutions of national character which are not necessarily parts of Islamabad or Rawalpindi at all, but which should be very close to them inside the same Metropolitan area.

954. Such for example is the National Sports Centre, which can include an Olympic stadium and corresponding installations for all types of sports including rowing and sailing, race course and gold course, etc.

955. It is suggested that the part which is along the Murree road should be become the national sports center thus the Olympic stadium would be in the hills, which are at the crossing of Islamabad Highway and the Murree Highway; the sports which require wide open spaces, such as golf, etc., would be between the Olympic Stadium and the lake; while water sports would be on the lake itself.

956. Thus, we can consider that an elongated area covering approximately the width of five normal sectors and running along the Murree, Highway, will become the National Sports Centre, with many installations spread within the National Park in such a way that the area does not lose its character.

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957. The second category of institutions to be built within the National Park area are educational and research institutions, such as a National University, National Research Institution, etc. Such functions will be created in several parts of the National Park and especially on the sides of the hills. This is the best location, since the tops of the hills should be preserved as parts of the natural beauty of the National Park, and not spoiled by any building except the small restaurants and tea-houses provided for visitors and tourists, while the lower parts of the valleys are better for cultivation.

958. Another part of this area can be turned into a zoological garden and botanical garden, while other parts can be organized to provide facilities for picnics for the inhabitants of the Metropolitan area, as well as visitors who want to visit the metropolitan area and enjoy its natural beauties.

959. The same role will be played by the Margala hills and other places up to Murree and the surroundings, but this is a matter for the regional plan to be studied at the later stage.

960. Finally, national and international exhibitions can be organized within the area of the National Park.

961. The pattern of roads in the National Park connected with the rectangular grid of roads of the Master Plan and follows the landscape of the area. The right-of-way provided for those roads in the National Park is 600 foot.”

The graphic description of the 'National Park' was in the form of a pictorial 'map' which formed an integral part of the ‘Master Plan’. It is noted that the area of Zone IV

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was to be maintained as a 'National Park' and was to serve

as the semi urban part of the Capital. No housing schemes

were contemplated to be established in Zone IV because it

was to be developed by preserving its green character.

Only restricted human activities were envisaged to be

permitted.

(iv) The Ordinance of 1960:

19. The above mentioned events and the background which led to the enactment of the Ordinance of 1960 are a relevant guide in understanding the legislative intent. Its main object was to give statutory backing to the Master Plan. It is also important to note that the Master Plan was prepared and approved for an area consisting of

1,400 sq miles on the Potohar Plateau, as described in paragraphs 411 and 412 of the descriptive form thereof. The above discussed background would, therefore, facilitate in appreciating the legislative scheme and intent of the Ordinance of 1960, which was notified in the official gazette on 27.06.1960. The preamble describes the object and purpose for establishing the Authority as making all arrangements for the planning and development of Islamabad within the framework of the Regional Development Plan. Sub-section (2) of Section 1 explicitly provides that it extends to the 'Specified Areas'. Section 2 defines various expressions. Agency and Authority are defined in Clauses (a) and (b) while the Board and the Chairman are defined in Clauses (c) and (f) respectively. Clause (i) defines 'land'. Clause (o) defines a

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'Scheme' as meaning a planning scheme or a development scheme made under the Ordinance of 1960. The two other important definitions are that of a ‘Capital Site’ and ‘Specified Areas’. Capital Site is defined as meaning part or parts of the ‘Specified Areas’ declared to be the site for the Pakistan Capital under Section 3. Likewise, ‘Specified Areas’ is defined in Clause (2) (p) as meaning the areas specified in the schedule and any other such area or areas which may from time to time be included therein by notification in the official gazette. Section 3 empowers the Federal Government to declare any part or parts of the

‘Specified Areas’ to be the site for the Capital of Pakistan. The ‘Specified

Areas’ are described in the schedule of the Ordinance of 1960 and is the same as highlighted in the Master Plan i.e covering almost 1,400 sq miles. Chapter II relates to the constitution of the Authority. Chapter

III describes the powers and duties of the Authority. Section 11 provides that the Authority shall prepare a master plan and a phased master programme for the development of the Capital Site and a similar plan and programme for the rest of the ‘Specified Areas’. All such plans and programmes are required to be submitted to the

Federal Government for approval. As already noted, the Master Plan was prepared and approved at the time of the enactment of the

Ordinance of 1960. Section 12 empowers the Authority, pursuant to the master plan and the master programme, to call upon any local body or agency operating in the ‘Specified Areas’ to prepare in consultation with the Authority a Scheme or Schemes in respect of matters dealt with by such local body or agency. The scope of a scheme has been described in clauses (a) to (i) of sub-section (2) of Section

12. Section 13 vests the power and jurisdiction in the Authority to

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prepare on its own a Scheme pursuant to the master programme whenever it considers it desirable to do so in the public interest. It is obvious from a plain reading of these provisions that the Scheme prepared has to be within the framework of the Master Plan and a phased master programme. The language of sections 12 and 13 explicitly provide that the Scheme so prepared has to be pursuant to the Master Plan and the master programme. Section 14 describes the manner and form in respect of the preparation of a Scheme. Section

15 enumerates the powers vested in the Authority, which are expansive and, inter alia, explicitly include acquiring any land in the

‘Specified Areas’ in accordance with the procedure laid down in the

Ordinance of 1960. Section 19 provides the procedure for amending a

Scheme while section 21 describes how it is to be executed. Chapter

IV of the Ordinance of 1960 explicitly relates to acquisition of land in the "Specified Areas". Section 22 unambiguously provides that all land within the ‘Specified Areas’ shall be liable to be acquired at any time and in accordance with the provisions of Chapter IV of the Ordinance of 1960. It is noted that through this statutory provision the entire land comprising the ‘Specified Areas’ has been declared as being liable to acquisition. It is a declaration made by the legislature and the use of the expression "shall" instead of "may" is significant. Section 22, being a provision of primary legislation, has a higher status than a declaration made through the issuance of a notice under section 4 of the

Acquisition Act. Sections 23 to section 30 explicitly describe the power vested in the Authority and the procedure for acquiring land within the

'Specified Areas". Section 32 unequivocally declares that, immediately on making of the award under Section 28, the land shall vest in the

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Authority free from all encumbrances and, subject to reasonable notice, it shall enter and take possession thereof. Section 33 vests the power of acquisition of the land within the ‘Specified Area’ in cases of urgency. Chapter V of the Ordinance of 1960 empowers the Authority to appoint officers and servants and to determine their terms and conditions of service. Chapter VI is in respect of matters relating to

Finance and the powers of the Authority with regard thereto. Chapter

VII is in respect of penal provisions. Section 46 explicitly provides that whoever contravenes any provision or any rules or regulations made, or sanctioned under the Ordinance of 1960, shall, if no other penalty is provided for such contravention, be punishable with imprisonment.

Section 49 describes the power of the Authority in respect of the disposal of land which vests in it. Sections 49-C and 49-D provide for the powers of the Authority in relation to the removal of buildings etc erected or used in contravention of the Ordinance of 1960. Sections 50 and 51 empower the competent authority, as the case may be, to make rules and regulations respectively.

20. A plain reading of the above provisions unambiguously shows that the Ordinance of 1960 is a self contained, comprehensive and special statute enacted for establishing the Authority and having the object and purpose of making all arrangements for the planning and development of Islamabad within the framework of a regional development plan. The Master Plan is the foundation or premise on which the scheme of the Ordinance of 1960 is dependent. As already noted, the Master Plan was prepared by an internationally renowned town planner and approved by the Government. The Authority was and continues to be under a statutory obligation to prepare Schemes and

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thereafter acquire land within the "Specified Areas", as has been held by the august Supreme Court in the case titled “Capital Development

Authority through Chairman and others versus Dr. Abdul Qadeer Khan and others” [1999 SCMR 2636]. The planning and development of acquired land thus has to be made in accordance with the Scheme and exclusively for public purpose. The Ordinance of 1960 explicitly provides for a complete mechanism for acquisition of land within the

"Specified Areas" and describes the powers vested in the Authority in this regard. Section 22 is an unambiguous declaration by the legislature that the entire land shall be liable to acquisition at any time.

The legislative intent is to put a statutory charge or encumbrance on every inch of land which falls within the "Specified Area" described in the schedule of the Ordinance of 1960. The role of the Federal

Government has been expressly described in section 5 i.e. to guide the

Authority on questions of policy through directions and its accountability in the manner prescribed under sections 43 and 48. The appointment of Members, Chairman, Vice Chairman and Financial

Adviser are also made by the Federal Government. The Authority has been established as one of the most important regulators and as an independent professional body for achieving the onerous task of planning and developing the Capital of Pakistan and protecting the

Master Plan and the phased master programme conceived by the founding planners. In terms of its regulatory autonomy, it was intended to be one of those authorities which would definitely fall within the category of statutory bodies referred to by the august Supreme Court in the judgment titled ‘Muhammad Yasin Vs. Federation of Pakistan through Secretary, Establishment Division’ [PLD 2012 SC 132]. The

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autonomy of the Authority is manifest from the unambiguous language of the Ordinance of 1960 and the entire scheme thereof. The legislative intent is further affirmed by the enactment of MLR-82.

(v) MLR-82:

21. MLR-82 was enacted and notified on 16.06.1960. It extends to the "Specified Areas". Regulation 3 explicitly provides that its provisions or any rule or order made there under shall have effect, notwithstanding anything to the contrary in any other law or in any contract, instrument or other document. It extends to the Specified

Areas i.e. 1,400 sq miles of Islamabad Capital Territory. Regulation 4 prescribes restrictions on the building on and use of land. The restrictions in clause (a) of section 4 are in relation to the Capital Site and provide that no person shall construct or cause to be constructed any building or alter or enlarge any existing building except under the

Authority or with the permission of the Commission appointed for this purpose, nor can convert any land being used for purposes of agriculture to any other use, cutting of standing trees is also prohibited. Clause (b) of Regulation 4 (i) is in respect of lands outside the Capital Site. It unambiguously provides that within the "Specified

Areas’ outside the Capital Site no person shall construct or cause to be constructed any building except in accordance with such general or specific directions as may from time to time be issued by the

Commission to the local authorities. Likewise, conversion of land used for the purposes of agriculture to any other use has been prohibited, except in accordance with such general or specific directions as may

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from time to time be issued by the Commission in this regard. Section

12 provides for offences and penalties for contravention or failure to comply with the provisions of the regulations. MLR-82, therefore, when read with the provisions of the Ordinance of 1960, clearly shows the intent that the entire land comprising ‘Specified Areas’ i.e. comprising almost 1,400 sq miles, has been exclusively identified and reserved for planning and developing the Capital of Pakistan, having regard to the Master Plan and in accordance with the provisions of the

Ordinance of 1960.

(vi) The Determination of the Area:

22. The Capital of the Republic (Determination of Area)

Ordinance, 1963 (hereinafter referred to as the “Determination of

Area”) declared the area specified in the Schedule thereto as the site selected for the Capital of Pakistan.

(vii) The Islamabad Capital Territory:

23. The expression ‘Islamabad Capital Territory’ has been defined in Regulation 2 (13) of the Islamabad Capital Territory (Zoning)

Regulation, 1992 (hereinafter referred to as the “Zoning Regulations of 1992”) as meaning "Islamabad Capital Territory’ defined under the

Capital Territory Local Government Ordinance, 1979. Section 2 (d) of the latter statute defines ‘Capital Territory’ as meaning ‘Islamabad

Capital Territory’ referred to in paragraph (b) clause (1) of Article 1 of the Constitution of the Islamic Republic of Pakistan, 1973. The

‘Islamabad Capital Territory’, therefore, refers to and consists of the

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entire land described in the Schedule of the Ordinance of 1960 as the

"Specified Areas". The Ordinance of 1960 and the regulations and rules made there under are, therefore, enforced and attracted in the entire land consisting of

"Specified Areas", whether acquired or un-acquired.

(viii) The Regulations of 1992:

24. The Zoning Regulations of 1992 were framed and duly notified in the exercise of powers conferred under section 51 of the

Ordinance of 1960, read with section 11 thereof. The Zoning

Regulations of 1992, in fact, are based on giving effect to the Master

Plan approved in 1960, which has been discussed above. This delegated legislation is most crucial because it manifests the basic and fundamental features of the Master Plan. Regulation 2 defines various expressions. The expressions “Existing Village”, “Forest”, “Illegal

Construction”, “Layout Plan”, “Native Resident”, “Structure” and

“Zone” are defined in sub-regulations (10), (12), (14), (16), (20), (24) and (27), respectively. It is pertinent to note that “Existing House”,

“Existing Village” and “Native Resident” are the most important definitions for appreciating the scheme of law enforced in the

Islamabad Capital Territory. According to the Master Plan, the

Islamabad Capital Territory has been divided into five distinct Zones and the same are described in Regulation 3. For the adjudication of the petitions in hand, the regulations relating to Zone IV are relevant and thus the discussion will be restricted thereto.

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25. As already noted above, the Regulations of 1992 were framed and notified in the official gazette on 23.12.1992. They reflected, or rather ensured, that the Master Plan and the scheme contemplated therein is strictly implemented. The preservation of the green character of the area was the paramount theme. Regulation 3(4) describes the limits of Zone-IV, while Regulation 4(4) elaborately prescribes the conditions for use of land in the area falling within its limits. It is noted that no housing scheme was allowed to be established in Zone-IV because it was not permissible under the scheme of the approved Master Plan. It transpires from the material placed on the record that the Authority, vide summary dated 08.04.2010, proposed certain amendments in the Regulations of 1992. A plain reading of the summary shows that a misleading impression was given as though it was mandatory to amend the Regulations of 1992 in compliance with the judgment of the august Supreme Court, which will be discussed later. The judgment was rendered in the case titled Suo Motu Case No.

10/2007. It is an admitted position that the Authority had acquired

12,188 acres of land out of the total area of 70,026 acres falling within

Zone-IV. It was acknowledged in the summary itself that the green character of the area had to converted by allowing residential and commercial construction and, therefore, necessitating changes to be made in the master plan and consequently amending the Regulations of 1992. This was not only misleading but contemptuous because the august Supreme Court had not given any direction to make changes in derogation of the environmental laws nor to change the green character. Based on the misleading summary, the Cabinet, without raising questions, approved the summary in its meeting held on

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21.04.2010. However, the approval did not take effect because the

Regulations of 1992 were not amended in accordance with the mandatory provisions of the Ordinance of 1960.

26. The Regulations of 1992 were subsequently amended in exercise of powers conferred by section 51 and read with section 11 of the Ordinance of 1960 vide SRO 1105(I)/2014, dated 08.12.2014.

Zone-IV was divided into four sub zones i.e. sub zone-A, sub Zone-B, sub Zone-C and sub Zone-D, respectively. The description of sub Zone-

B incorporated in the Regulations of 1992 was as follows:

“The area of this sub zone shall be used for planning and development of small scale residential and commercial buildings. Existing residential and commercial developments shall be regularized by CDA. The owners of the existing developments/schemes shall get approval from CDA of their residential and commercial buildings after payment of scrutiny fee, regularization, development and commercialization charges and determined and levied by the Authority from time to time. The unutilized patches of land within this sub zone shall be utilized for residential schemes. Minimum contiguous area for such a scheme shall be 50 acres. Other parameters of the schemes shall be governed by the Modalities and Procedures framed under ICT Zoning Regulation 1992 for housing schemes in Zone- 2 and 5.”

Further, the description of sub Zone-C was as

follows:

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“Sub Zone-C (21,279 Acres)

(1) Delineation: This sub-zone is bounded in the north by southern limits of sub-zones B2 and A, in the east by sub-zone ‘D’ in the south by inter zone boundary of Zone-4 & Zone-5 and in the west by sub-zone B-1. (2) Pre-dominant existing uses: Illegal commercial & residential development, brick kilns, PINSTECH. (3) Proposed uses: Agro farming/Country Housing/Orchard Schemes Institutions, IT parks, Villages Up-gradation, Regulated villages/settlements expansion, public sector housing schemes. (4) Parameters:

a. Agro Farming scheme i. Min. area 100 acres. ii. Min. area farm 04 kanals. iii. Max. covered area 100 Sq.yds. (excluding basement) iv. Number of Storeys Ground+1+basement.

b. Housing Scheme i. Min area 100 Acres ii. Plot size 130 to 600 sq.yd. iii. Number of Storyes Ground+1+basement c. Apartments and office buildings: i.Number of Storeys Ground+3+basement.”

27. It is noted that, pursuant to the above mentioned amendments made in the Regulations of 1992, the permission was explicitly to the extent of a 'public housing scheme' and not a private housing scheme and, that too, only in one sub zone. The Regulations

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of 1992 were subsequently amended vide SRO 792(i)/2019, dated

25.06.2019. The above amendment appears to have been made pursuant to the summary, dated 16.05.2018, which was placed before the Federal Cabinet in its meeting held on 17-05-2018. The decision of the Federal Cabinet is as follows:

“The cabinet considered the summary dated 16th May, 2018 submitted by Capital Administration & Development Division for Amendment in Master Plan of CDA in Sub- Zone C of Zone-IV of Islamabad, and approved the proposal to amend the Master Plan of CDA to the extent of sub-zone C of Zone-IV in order to allow the establishment of private sector housing schemes, in addition to public sector housing schemes, from the date of approval by the cabinet.”

28. The Authority, in exercise of powers vested under section

51 of the Ordinance of 1960 vide Notification i.e. SRO 64(i)/2020, dated 29.01.2020, made the Revised Modalities and Procedure, 2020 framed under the ICT (Zoning) Regulation, 1992 (As Amended) for

Development of Private Housing/Farm Housing Schemes in Zones 2, 4

& 5 of Islamabad Capital Territory Zoning Plan [hereinafter referred to as the “Revised Modalities and Procedure, 2020”]. It is noted that regulation 4(4) A titled “Acquired Area” was not amended and, therefore, a Scheme under sections 12, 13 and 14 of the Ordinance of

1960 could only have been prepared in the light thereof.

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The Suo Moto No. 10 Judgment:

29. It appears, from the record, that the Authority had proposed amendments in the Master Plan by giving the impression as though it was mandatory, pursuant to directions given by the august

Supreme Court in the case titled “Suo Motu Case No. 10 of 2007” [PLD

2008 SC 673] (hereinafter referred to as the 'Sou Moto No. 10

Judgment'). The said judgment is binding on this Court, but with great reverence, it appears that the august Supreme Court had not been properly assisted, nor for reasons best known to the Authority was a review filed by the latter. More importantly, the august Supreme Court was never informed regarding the status of Zone IV in the Master Plan.

The matter before the august Supreme Court was regarding increased prices of daily commodities and not the vires of Regulation 4 of the

Zoning Regulations of 1992. The directions given in paragraph 11 of the aforementioned judgment were misconstrued and wrongly presented in the summaries prepared for seeking amendment in the

Master Plan. The description of Zone IV in the Master Plan and the importance of maintaining the green character of the area appears to have been concealed from the august Supreme Court. Even if there was an ambiguity it was the duty of the Authority, as custodian of the

Master Plan, to have filed a review petition or to have sought a clarification. The Authority, in breach of its statutory duty, instead of bringing the crucial factors to the attention of the apex Court wrongly represented the directions given in the judgment. The amendments in the Master Plan, particularly having the effect of changing the green character of the area comprising Zone IV, inevitably had consequences in the context of environmental degradation and climate change. The

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august Supreme Court had not even remotely suggested that amendments be made in disregard or in breach of the laws enforced for protection against environmental degradation such as the Act of

1997. The Agency also appears to have ignored the environmental crisis in the making. The Federal Cabinet also appears to have given its approval in a perfunctory manner. Nonetheless, this Court is of the opinion, with utmost reverence, that the apex Court may consider revisiting the aforementioned judgment because the manner in which it has been interpreted by the Authority in order to maneuver amendments in the Master Plan has already caused irretrievable damage to the environment. This is a loss which would not be restricted to the present only but, more so, would affect the future generations.

Environmental degradation and loss of biodiversity, natural habitats and ecosystems is no less than writing an obituary of the future generations. It was contemptuous to have wrongly presented the Suo

Moto No. 10 Judgment or to imagine that the implementation of the directions exempted the Authority or the Federal Government from strict compliance with the laws enforced to guard against environmental degradation and catastrophic consequences relating thereto.

Building Regulations of 1963:

30. The Islamabad Building Regulations, 1963 (hereinafter referred to as the ‘Building Regulations of 1963’) extends to the

Capital Site. The Capital Site has been defined in section 2(e) of the

Ordinance of 1960 as meaning that part of the Specified Areas declared to be the site for the Pakistan Capital under section 3 ibid. The Zoning

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Regulations of 1992 explicitly provides that the Buildings Regulations of 1963 have been made applicable to construction in Zone-4.

Regulation 2 defines various expressions. Regulation 3 makes it mandatory for every person who intends to carry out building work, and if not otherwise barred from building on the land in his possession, to comply with the provisions thereof and the relevant provisions of the Zoning Regulations of 1992. The procedure and conditions for the granting of permission have been provided under the relevant regulations of the Building Regulations of 1963. Regulation 13 unambiguously provides for the consequences of failure to comply with

Building Regulations and, inter alia, empowers the Authority to remove such building, work or alteration or any part thereof at the cost of the owner or a person in possession thereof. Regulation 22 provides that no one shall occupy or permit any other person to occupy any building or to use or permit to be used any part thereof until permission has been granted by the Authority.

Building Control Regulations:

31. The next relevant legislation is the Islamabad Residential

Sectors Zoning (Building Control) Regulations, 2005 (hereinafter referred to as the ‘Building Control Regulations’) which were framed by the Authority in exercise of powers vested under section 51 of the Ordinance of 1960. Regulation 1.1.02 provides that it shall extend to all private and public land/plots in the Islamabad Capital

Territory, except those in the Diplomatic Enclave or specifically excluded. Chapter 2 describes various types of buildings and their permissible use. Regulation 2.2 makes it mandatory for every owner

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of private land to seek permission before construction of a building or structure or any addition/alteration thereto. Any construction which has started or is being carried out without approval of the Authority is liable to be removed at the risk and cost of the owner/allottee, occupant and, in addition, such person will be liable to payment of penalty. The Building Control Regulations empower the Authority to inspect the constructed buildings. Regulation 3.12.11 renders it a mandatory obligation of the owner to obtain a completion certificate from the Authority, failing which the building or part thereof can neither be occupied nor put to use.

The Ordinance of 1966:

32. The Ordinance of 1966 has been enacted to preserve the landscape of Islamabad and extends to the entire area falling within the Islamabad Capital Territory. The expression “landscape” has been defined in clause (a) of section 2. Section 3 provides that the Ordinance of 1966 and the rules made there under shall be in addition to and not in derogation of the provisions of the Ordinance of 1960 and the MLR-

82. Section 4 provides that no person shall remove, destroy, damage or alter anything, or commit any other act if such removal, destruction, damage, alteration or act affects or is likely to affect a landscape injuriously. Sub section (2) of section 4 makes it mandatory to seek permission from the Authority so as to avoid the consequences mentioned in section 5. Section 5 makes it a criminal offence to contravene the provisions of the Ordinance of 1966 and such a person is liable to be punished with imprisonment for a term which may extend to six months or a fine upto five thousand rupees. The power to arrest

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without warrant for contravention of the Ordinance of 1966 has been provided under section 6 ibid. In exercise of powers vested under section 15 of the Ordinance of 1966, the Islamabad (Preservation of

Landscape) Rules, 1967 have been made and duly notified.

Rule of Law:

33. The expression rule of law has been described by the

United Nations as ' a principle of governance in which all persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated ----. It also requires measures to ensure adherence to the principles of supremacy of law, equality before the law, accountability to the law, fairness in the application of law, --

- legal certainty, avoidance of arbitrariness and procedural and legal transparency'. The quality of governance and protection of rights of citizens are the paramount measure of the status of rule of law. Law is a body of rules and conduct prescribed by competent forums and they have binding force. They must be obeyed and followed and a breach thereof attracts sanctions and legal consequences. Laws are promulgated and enforced to protect the rights and liberties of the citizens and to maintain order in society. When the people are governed by arbitrary and whimsical decisions of public functionaries, rather than the law, it inevitably erodes the rule of law and leads to chaos and anarchy. The beneficiaries in such an eventuality are the elite while the victims are the weaker and marginalized segments of the society. Every citizen, regardless of rank or status, ought to be

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subject to law besides having equal access to the forums established for dispute resolution, particularly the courts. It is not enough to merely promulgate the laws. If there is no will to enforce them, rule of law is relegated to the status of a farce and thus constitutionally guaranteed rights are breached. Article 4 of the Constitution explicitly commands that 'to enjoy the protection of law and to be treated in accordance with law is the inalienable right of every citizen, wherever he may be, and of every other person for the time being within

Pakistan'. The State has a commitment with every citizen that no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law'. It is ironic that in the petitions in hand the State has failed in its duty to protect the fundamental rights of the citizens by not enforcing the promulgated laws. The laws i.e. statutes and regulations discussed above are selectively enforced while the privileged, in this case the Company, are treated as immune. The facts have already been discussed in detail.

They establish how enforced laws have been bent, ignored, neglected or abused merely to benefit a private profit making business entity to enrich itself. The enforced laws have failed to protect the citizens against the illegal acts of the Company because those who have been entrusted with the duty to act on behalf of the State preferred to serve the latter. The fundamental rights of the citizens guaranteed under

Articles 9, 14, 23, 24 and 25 have been demonstrably violated. In the facts and circumstances of the matter in hand, this Court has no hesitation in stating that within the 1400 sq mile area of the Islamabad

Capital Territory there is no rule of law. The State is in breach of its commitments under Article 4 of the Constitution. The most important

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ingredient of or pre requisite for establishing rule of law is accountability. Condoning illegalities and violation of enforced law is an antithesis of the rule of law. It encourages others to follow suit and gives an opportunity to the public functionaries to become complacent.

This Court has consistently observed, particularly in the case of the

Authority that worst forms of violation of the Master Plan and enforced laws are allowed to be perpetuated and, when the damage is done, the perpetrators are rewarded by condoning their acts and omissions. This has become so frequent that the phenomenon has assumed the status of an unabated continued practice and an acceptable norm. No violation of the Master Plan or the enforced laws is conceivable without complacency and connivance of the State functionaries and the regulators. The most disturbing aspect observed by this Court is that the phenomenon of condoning violation of laws is confined to the elite and privileged. Those who are less privileged or do not have the appropriate means or connections are not immune from the wrath of the State. This has become an undeniable reality of the status of rule of law within 1400 sq mile area of the Islamabad Capital Territory. The conduct of the State functionaries and the difference in treatment of the elite and 'ordinary citizen' has eroded and demeaned the rule of law in the area of the capital of Pakistan. This has led to violations of the fundamental rights of citizens who cannot even afford to have meaningful access to a court of law because of the exorbitant cost and inability to have proper legal representation. The District Courts have never been a priority of the State and its executive branch in the past four decades. The District Courts serve those who are treated as

'ordinary citizens' by the State and its functionaries. The existing

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governance system does not manifest the fulfillment of the unambiguous command of the Constitution under Article 4 since the citizens are not enjoying the protection of law nor are they treated in accordance therewith. There is no rule of law and consequently the constitutionally guaranteed fundamental rights of the citizens are being flagrantly violated.

Conclusion:

34. As already noted above, the facts and circumstances that have been highlighted during the proceedings would have been shocking and alarming for any Court vested with constitutional jurisdiction and duty to protect the fundamental rights of the citizens and uphold rule of law. The enforced laws and regulations have been discussed in detail. The august Supreme Court, in the case titled

“Human Rights Cases Nos. 4668 of 2006, 1111 of 2007 and 15283-G of 2020” [PLD 2010 SC 759], has declared and held that the provisions of the Ordinance of 1960 and the rules/regulations made there under are mandatory in nature and binding, so much so that a liberal construction thereof is not permissible. Reference may also be made to the judgments reported as “Capital Development Authority through

Chairman and others v. Dr. Abdul Qadeer Khan and others” [1999

SCMR 2636], “Saad Mazhar v. Capital Development Authority” [2005

SCMR 1973] and “Moulvi Iqbal Haider v. Capital Development

Authority” [PLD 2006 SC 394]. The Master Plan, which was prepared after extensive deliberations by internationally renowned town planners and experts, was approved by the Central Government and

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was given statutory backing under the Ordinance of 1960. Its sanctity made it a statutory duty of the Authority as well as the Federal

Government to protect it. In order to fulfill this onerous obligation, the

Regulations of 1992 were enacted and enforced. The Regulations of

1992 was an important sub legislation to protect the Master Plan. Zone

IV described in the Regulations of 1992 covered the area titled the

'National Park' or the 'Semi Urban Area of Islamabad' and the relevant portions from the Master Plan have been reproduced above. Its preservation had paramount importance in the context of safeguarding against environmental degradation. The green character of the area was to be preserved and thus the ecosystems, biodiversity and habitats were to be protected. The vision and object of establishing the

Authority has been described in detail in the Master Plan and the foundational principle thereof was to protect the Master Plan and to establish the Capital of Pakistan on the basis of sound principles of development and town planning. The statutory obligation of the

Federal Government has been described under section 5 of the

Ordinance of 1960. The sanctity of the statutory functions entrusted to the Authority have been highlighted by the apex Court in various judgments. In the case titled “Muhammad Ikhlaq Memon v. Capital

Development Authority” [2015 SCMR 294] it has been held that the

Authority, as a statutory entity, has to act in the public interest. In the case titled “Suo Motu Case No. 13 of 2009” [PLD 2011 SC 619], the august Supreme Court has held, in the context of the duties and obligations of the Authority, that Islamabad, being the Capital of the country, every inch of its land has to be protected because it belongs to the entire nation. In case at hand the Authority breached this pivotal

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obligation. The Ordinance of 1960 empowers the Authority to acquire land pursuant to preparing a 'Scheme' and such land then vests in the

State. Reliance is placed on “Capital Development Authority through

Chairman and others versus Dr. Abdul Qadeer Khan and others” [1999

SCMR 2636]. As a corollary, land acquired under the Ordinance of 1960 can only be used, in accordance with the 'Scheme' prepared under sections 12, 13 and 14 of the Ordinance of 1960, exclusively for the benefit of the general public and not to facilitate or enable a private profit earning entity to enrich itself by advancing its commercial pursuit. Such exercise of authority vested under the Ordinance of 1960 would amount of abuse and may expose the public functionaries and the beneficiaries to be proceeded against for the offence of corruption and corrupt practices defined under the Accountability Ordinance 1999

(hereinafter referred to as the 'Ordinance of 1999’). The Authority, therefore, has been entrusted with the statutory status of a 'Trustee'.

It holds every inch of the land in trust on behalf of the people of

Pakistan and thus it gives rise to the relationship which is fiduciary in nature. Regrettably, the matter in hand is a classic case of failure in execution of the fiduciary duty that the Authority owes to the people of Pakistan. It is an obvious case of lack of respect for the enforced statutes and regulations, having the consequence of undermining and demeaning the rule of law. It is a case of serving the powerful and resourceful elite at the cost of fundamental rights of the 'ordinary citizens' and causing irretrievable loss and damage to the future generations. It is an example of elite capture and reflects the brazenness of maneuvering the system, concealing material facts from the courts and bending laws merely to favor a few privileged elite. It

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demonstrably shows how some are treated above the law while those who need the protection of the State the most are denied their constitutionally guaranteed rights.

35. The Regulations of 1992 were framed and enacted to give effect to the Master Plan and to ensure that the scheme contemplated therein is not breached. Zone IV, because of its topographic characteristics, was to be protected as a green environmentally friendly area. It was to maintain its green character and the permissible activities were confined to the description given in the Master Plan. The

Regulations of 1992, therefore, did not permit establishing housing schemes and the scope of construction was also restricted. The

Regulations of 1992 were amended vide notification, dated 08-12-2014 and for the first time development of small scale residential and commercial buildings was allowed in sub Zone B. However, in the case of sub Zone C, establishing housing schemes was explicitly restricted to the 'public sector'. Even this amendment was pursuant to a summary placed before the Federal Cabinet, which was based on the contemptuously misleading impression of the directions given by the august Supreme Court in the case of Suo Moto 10 of 2010. As already noted, the apex Court was not properly assisted and, rather, the nature of Zone IV described in the Master Plan appears to have been concealed. The Authority, for reasons best known to it, preferred not to file a review even if it had doubts because of its statutory duty to protect the Master Plan. The august Supreme Court could by no stretch of the imagination have directed the Authority to change the green character of Zone IV or to amend the Regulations of 1992 in derogation

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and disregard to the enforced laws for protection against environmental degradation, such as the Act of 1997 and the rules/regulations made there under. The Housing Scheme falls within sub Zone B of Zone IV. According to the amended regulations the sub zone was confined to planning and development of “small scale residential and commercial buildings'' and that 'the unutilized patches of land within this sub zone shall be utilized for residential schemes'.

The language of the amended clause was vague and, unlike sub Zone

C, the expression of public or private housing scheme was not used.

Moreover, it has been reported that the topography of the land where the Company intended to establish the Housing Scheme consisted of landscape that included hillocks and forest area. It has been further alleged that the Company, in violation of the Ordinance of 1966 and the rules made there under, illegally bulldozed the hillocks and forest area and thus committed the criminal offences prescribed therein because the activities had injuriously affected the landscape. It is surprising that the Authority had approved the lay out plan in 2013 when no private housing scheme could be planned and developed in

Zone IV. The Authority approved the lay out plan of a purported private housing scheme and not a residential scheme. There is obviously a distinction between these two expressions.

36. It is further astonishing to note that the Board of the

Authority had approved the summary proposing issuance of the No

Objection Certificate in its meeting held on 17-04-2014 and, pursuant thereto, it was issued on 02-05-2014. At the time of approval and grant of the No Objection Certificate no housing scheme could be planned or

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developed in Zone IV. The Regulations of 1992 were amended vide notification 08-12-2014 and that too allowed planning and development of a restricted residential scheme in sub Zone B but not a 'private or public housing scheme'. The terms and conditions were explicitly mentioned in the No Objection Certificate. Clause xix explicitly provided that 'the area of the Housing Scheme shall be demarcated on ground within one month'. The Deputy Commissioner, in his report submitted during these proceedings, has unambiguously mentioned that the allegations of land grabbing against the Company were due to the reason that it had failed to get its land demarcated.

Clause xxiii provided that possession of plots in the scheme shall not be handed over by the Company till the entire scheme is fully developed and a completion certificate has been obtained from the

Authority. Clause xxv made it mandatory for the Company to submit building plans along with structural plans to the Authority for approval.

Clause xxviii explicitly provided that violation of the terms and conditions will make the No Objection Certificate liable to cancellation.

It appears that the Authority and its officials either did not visit the location or were complacent. The State and its functionaries appear to have remained dormant while the landscape in an environmentally sensitive area, described in the Master Plan, was being mercilessly and injuriously damaged. The No Objection Certificate was also illegal and void because when it was issued the Regulations of 1992 did not permit planning or developing of a private housing scheme in Zone IV and consequently the Authority and the Board had no power or jurisdiction to allow destruction of the Master Plan. The Authority, however, on a different ground cancelled the No Objection Certificate in 2016. As

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noted above, the cancellation was challenged before this Court and the petition was dismissed vide the Park View Judgment.

37. The observations recorded by this Court in the Park View

Judgment have been reproduced above. They are an obvious manifestation of the abysmal status of rule law within the 1400 sq mile area of the Capital and the failure of the State and its functionaries to fulfill constitutional and statutory obligations and duties. The contumacious conduct of the Company and its lack of respect for the enforced laws and disrespect of the authority of the State and its institutions need no further elaboration. It is a testament to the fact that some are treated above the law while the Authority and public functionaries look the other way even in case of the most horrendous forms of violations of law, having consequences for the citizens and the rights and interests of future generations. The Company preferred not to pursue its appeal and, therefore, it was dismissed by a learned

Division Bench of this Court. The learned Division Bench had neither adjudicated the appeal nor were any directions given to the Authority regarding the purported proposal. As already noted, a summary, dated

24-04-2018 was placed before the Board for approval of grant of a No

Objection Certificate. Regrettably, a wrong impression was given as if the Division Bench of this Court had endorsed the proposal and its legality. The summary, in fact, was maneuvered in such a manner that it proposed overcoming a crucial impediment in the grant of a No

Objection Certificate by allowing acquired land to be used as a tool so that a private profit making entity could benefit and enrich itself commercially. Land that vested in the State and belonged to its people

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was being offered to be used for private gains. The summary did not point out the gross violations by the Company of the terms and conditions described in the earlier No Objection Certificate. The summary, prepared by an official stated to be a town planner, concealed the fact that the access road was through land which was already acquired by the Authority and thus vested in the State. The acquired land was to be developed and planned in accordance with the

Scheme prepared under the Ordinance of 1960. By offering acquired land the Authority was frustrating any planning and development in the future and thus compromising or rather violating the interests of the public at large. Reference to another approval given in the past in favour of another private developer was also misleading because an illegality committed earlier could not have justified another violation of the law. The summary was not only misleading but an abuse of authority. It was ironically a treacherous display of bending over backwards to benefit a private profit earning entity at the cost of public interest. The summary also concealed the nature of the landscape of the location and its illegal injurious damage. The Board, also in demonstrably condemnable breach of its statutory duty, gave its approval in its meeting held on 09-05-2018. The official who had prepared the summary and members of the Board who had given approval in a perfunctory manner had demonstrably acted as though they were entrusted with the duty of protecting private commercial interests rather than guarding public land and interests and rights of the public at large. It was a classic case of abuse of authority for commercial profitable interests of private persons. The acquired land could solely be used in accordance with a Scheme prepared under

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sections 12, 13 and 14 of the Ordinance of 1960. It could not have been used, directly or indirectly, as a tool to benefit a private profit making entity to enrich itself. The Authority and the Board had breached its fiduciary duty by failing to protect land that belonged to the people at large and could only have been used to their advantage.

It was confirmed during these proceedings that the illegally constructed road on acquired land had led to massive violations of fundamental rights of citizens. Their right of way were illegally blocked and there were grievances of forcible evictions. All public functionaries remained silent spectators. The land has been acquired but owners continue to be in possession because the Authority has failed to complete the process of acquisition of built up properties. The grievances of the petitioners in WP No. 4252/2019 and their challenge to the issuance of the No Objection Certificate stem from allowing the

Company to benefit commercially on the basis of its activities on acquired land. The acquired land was a trust of the people at large in the hands of the Authority and its Board. They owed a fiduciary duty towards the people to solely use it in accordance with the scheme of the Ordinance of 1960 and the regulations made there under. By allowing it to be used as a tool to extend an extraordinary benefit to an already contumacious profit earning entity, the Authority and the

Board had not only breached its fiduciary duty but had abused the authority vested in it, which could only have been exercised to protect the rights and interests of the public at large. The summary dated 24-

04-2018 and the approval of the Board, dated 09-05-2018, were in violation of the scheme and provisions of the Ordinance of 1960 and the regulations made there under. By offering and using the acquired

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land vesting in the State as a tool to commercially benefit a private profit making entity, the Authority and its Board had violated the constitutionally guaranteed rights of the public at large. Public property, in this case the acquired land, could not have formed the means for extending commercial benefits. The No Objection Certificate purportedly issued in favour of the Company was an outcome of abuse of authority and was illegal and void, having been granted without lawful authority and jurisdiction.

38. As if the above inconceivable travesty of enforced laws and public interest was not enough, there were allegations against the

Company of massive land grabbing, dispossessing citizens, blocking rights of way etc. The reports submitted by the Deputy Commissioner and the Assistant Commissioner are indeed an eye opener. They speak volumes for the state of governance within the 1400 sq mile area of the Capital. The Company attempted to silence the aggrieved and affected persons during these proceedings and the petitioner, in WP

No. 3877/2019, placed on record an affidavit executed amongst others by the CEO of the Company. The said affidavit is an admission of the illegalities committed by the Company and confirmed the complaint of the petitioner who had failed in drawing the attention of the public functionaries till he invoked the constitutional jurisdiction of this Court.

The Deputy Commissioner, in his report, has acknowledged the failure of the State and deplorable status of governance by highlighting the reasons that had created an enabling environment for the powerful and resourceful elite to usurp and violate the constitutionally guaranteed rights of those who are termed as 'ordinary citizens'. The Deputy

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Commissioner, in his report, attributed the land grabbing acts to failure on the part of the Company to demarcate its land. Demarcation of land was a mandatory condition of the No Objection Certificates issued in

2014 and then in 2018. Failure to fulfill the condition made the NOCs liable to cancellation. The affected citizens appeared to be helpless because the public functionaries were not responsive. It appears that the public functionaries, through inaction or otherwise, were facilitating the Company rather than protecting the 'ordinary citizens'. The police and revenue officials preferred to let the citizens suffer. There was another startling revelation in the report submitted by the Assistant

Commissioner that allegedly there were private persons acting as facilitators for the Federal Investigation Agency in pursuit of its real estate business. It is an undeniable fact that most of the public bodies, departments and even Ministries are, directly and indirectly, involved in real estate business. Most of the criminal complaints in the un acquired areas are in relation to property rights. The widespread phenomenon of land grabbing and illegal usurpation of property rights in the revenue estates of the 1400 sq mile area of the Capital is a reality. The victims are innocent citizens, many living outside the

Capital, including overseas Pakistanis. Those who have been entrusted with the duty by the State to serve and protect the rights of the people have themselves become usurpers of their rights. It is a prime example of conflict of interest. In case of the Company, the Authority, by refusing to ignore the condition of demarcation of land by the Company and the revenue officials, through inaction or complacency, facilitated the violation of property rights of those who are referred to as 'common or ordinary citizens'. Neither the Deputy Commissioner nor the

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Assistant Commissioner can take the plea that necessary action was not taken in the past and thus enabling conditions have been created for gross violations of property rights and the widespread phenomenon of land grabbing and breach of property rights. Revenue officials are present in every revenue estate and it is their duty to ensure that property rights are not violated. Nonetheless, the phenomenon of land grabbing and breach of property rights in the un acquired land of the

Islamabad Capital Territory is inconceivable without the complacency of the revenue and police officials. It is heartening to note that the

Deputy Commissioner in his written report has described the measures which are proposed to be taken as part of reforming the system. This, however, does not absolve the State and its functionaries of the fiduciary duty they owe to every citizen i.e to protect their constitutionally guaranteed rights.

39. The other crucial factor involved in these proceedings is the merciless destruction of the Master Plan to facilitate and commercially benefit the elite and real estate developers. Zone IV was to maintain its green character and the Master Plan described it as a

'National Park' and semi rural areas. Its description in the Master Plan has been reproduced above. The unregulated illegal construction could not have taken place if the Authority had fulfilled its statutory obligations under the Ordinance of 1960 and the regulations made there under. The summaries and decisions of the various forms brought on record also shows disregard for the enforced laws promulgated to protect the environment and to guard against its degradation. The Act of 1997 appears to have been kept confined to the statute books. The

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Agency also does not appear to have performed its functions as an independent professional body established to scrupulously guard against any attempt likely to cause environmental degradation and harm. The august Supreme Court, in the case of Suo Moto 10/2010, had not directed either the Authority or the Federal Government to change the Master Plan by derogation from the strict compliance of the

Act of 1997. The Agency also seemed to have looked the other way.

The impact of ignoring or violating environmental concerns is profound.

It is an undeniable fact that unregulated human activities in violation of the Master Plan have irretrievable consequences. Pakistan is ranked amongst the ten countries of the world to be most vulnerable to the life threatening consequences of climate change. Experts have classified Pakistan as a prime target of global warming. The manner in which the Master Plan has been dealt with, particularly the irretrievable damage caused to the green character of Zone IV described in the

Master Plan, is unforgivable. This Court, reposing trust and confidence in the Special Assistant to the Prime Minister on Climate Change, had asked him to visit the location along with the Secretary, Ministry of

Climate Change to assess the damage. This Court had high expectations but the report appears to be a formality. The Agency also submitted a report and it was no more than a bureaucratic attempt to comply with the direction of this Court. The enormity of the environmental catastrophe ought to have caught their attention but it did not. Both the reports acknowledge that the Company had encroached land belonging to the Zoological Survey Department under the Ministry of Climate Change but it appears that it was not of much concern because an expected response was not visible. It appears that

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accountability of those who cause irretrievable damage to landscape and environmental degradation is not a priority. This Court had expectations because of the commitment of the Prime Minister and his cabinet members to protect the environment. It was a classic case to thoroughly investigate the matter and identify the persons responsible and then to put the law into motion by making them an example of accountability. The fundamental right of every citizen under Article 9 i.e. right to life has been violated, including the rights and interests of the future generations. The impunity enjoyed by those who cause damage to the environment and thus expose the citizens and future generations to harm is intolerable in a society governed under the

Constitution.

40. It has been consistently observed and the same is the case in the petitions in hand that the Authority and public functionaries allow glaring violations of the law by looking the other way and once the damage has been done then resort is made to the policy of regularization of the illegalities and blatant abuses of the law. This phenomenon has become so common that it seems to have assumed the status of a norm. 'Regularization' means condoning serious illegalities and abuse of enforced statutes and that too for a negligible fine. This phenomenon without doubt has been the pivotal factor for erosion of the rule of law in the Capital of the country. It is virtually a reward for causing irretrievable damage to the Master Plan, the constitutionally guaranteed rights of other citizens and destruction of the environment. 'Regularization' or condoning gross violations of and disregard for the law is akin to invoking the doctrine of the law of necessity. It encourages the unscrupulous and condemns the law

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abiding citizens. When it is no more a rare exception but becomes a norm then it leads to chaos and anarchy and thus the rule of law is eroded. The foundational principle for upholding the rule of law is accountability. Accountability is not merely restricted to the public functionaries alone. The citizen who takes the risk of violating the law is not immune because every person is presumed and ought to know the law. For reasons best known to the authorities, the phenomenon of condoning the illegalities has mostly been for the benefit of the privileged and the elite. It becomes an ironic dilemma for a court vested with constitutional jurisdiction when an 'ordinary citizen' invokes its powers complaining that he or she, as the case may be, has been treated differently. Condoning illegalities is an antithesis of the rule of law. The phenomenon of rewarding illegalities in the garb of

'regularization' must end if rule of law has to be restored. It is noted that the creation of interests of bonafide purchasers is used as a ground for the condoning of gross illegalities. In the case in hand several applications were filed by persons claiming to be innocent bonafide purchasers and thus supporting the case of the Company. Can they be treated as bonafide purchasers and thus made a reason for condoning the gross illegalities and abuse of authority and law by the Company and the Board of the Authority? The answer is an emphatic NO. As already pointed out, the purported No Objection Certificate explicitly barred the Company from giving possession of plots till the scheme was completed and the completion certificate had been issued. No construction could have commenced without obtaining permission and approval under the Ordinance of 1960 and the regulations. No legal right had accrued in favour of the purchasers to claim condoning of the

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gross illegalities by the Company and the Authority as has already been discussed at great length. Who would pay for the incalculable loss to other law abiding citizens and the future generations? Should the

Company and the Authority enjoy immunity from being made accountable merely because a few citizens, without exercising due diligence, had taken a risk? The obvious consequence of the continued practice and the phenomenon of condoning gross illegalities is evident from the contumacious conduct of the Company and its lack of respect for the law. This mindset is manifest from the observations of this Court recorded in the Park View Judgment and relevant portions have been reproduced above. The said judgment attained finality after the appeal was dismissed. The confidence of the Company of being immune from accountability is evident from the fact that it did not pursue any remedy to expunge the damning observations regarding its conduct in a judicial verdict. This is the obvious effect of the phenomenon of condoning illegalities in the garb of the oft applied policy of regularization. If rule of law is to be restored and constitutionally guaranteed rights of the citizens are to be protected then the practice of condoning gross violations of the law have to end. There must be a policy of zero tolerance for violations of the law and strict accountability of those who opt to jeopardize the constitutionally guaranteed rights of the law abiding citizens. The applicants who claim to be bonafide purchasers have no legal right to claim immunity for the gross violations and abuse of law committed by the Company and the Authority. The Authority and the Federal Government ought to demonstrably show a will to make the case in hand an example of restoring rule of law and making

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all those accountable who were responsible for abuse and violation of law.

41. Lastly, the learned counsel for the Company has laid great stress on the fact that this Court is not vested with suo moto powers.

There is no cavil to the proposition that suo moto powers cannot be exercised by a High Court under Article 199 of the Constitution. The facts and description of the grievances raised by petitioners and brought before this Court through various applications have been discussed above. The adjudication through this petition has been in the context of the grievances raised in the petitions. In one petition the petitioners had explicitly questioned the issuance of the No Objection

Certificate. It is settled law that even the prayer can be molded by a

Court while exercising constitutional jurisdiction. This Court is vested with extra ordinary jurisdiction under Article 199 of the Constitution to prevent arbitrariness, enforcement of fundamental rights and to exercise powers in the larger public interest. The adjudication of the petitions was on the basis of the material and pleadings placed on record by the parties. The Company, in its written comments, had itself attempted to justify the legality of its Housing Scheme and had also attached copies of documents referred to in this judgment. The grievances of the petitioners were regarding gross violations of constitutionally guaranteed rights, failure of the State and its institutions to protect them. The grievances were affirmed during the proceedings. Moreover, the most disturbing grievance was absence of rule of law and treating the Company as being above the law. Was this

Court bereft of jurisdiction to exercise its constitutional jurisdiction of

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judicial review in such extraordinary facts and circumstances as have been discussed above? The answer is definitely in the negative. The argument that this Court has exercised suo moto powers is obviously misconceived. There is also no force in the argument of the learned counsel for the Company that it was mandatory for this Court to have dismissed WP No. 3877/2019 because the petitioner had filed an application seeking withdrawal. It was not an application for withdrawal simpliciter. The affidavit attached therewith was an affirmation of the grievances and redressal thereof by the Company. It had confirmed the serious violations of fundamental rights by the Company and abuse of the law. It lent support to the grievances raised by other petitioners.

42. The facts and circumstances highlighted in this case are a manifestation of a deep rooted corrupted governance system that fails to protect the constitutionally guaranteed rights of the citizens and treats some as being above the law. This has obviously not happened overnight but is a consequence of bad governance and absence of rule of law during the past many decades. But nothing can justify the unimaginable plight of those who are treated as 'ordinary citizens' because the 1400 square mile area of the Capital of Pakistan is controlled by the Federal Government. Lawlessness or violation of fundamental rights ought to be intolerable in the Capital of Pakistan.

The Federal Government has a crucial statutory role, which has been expressly described under section 5 of the Ordinance of 1960. The case in hand is a challenge for the Federal Government to restore the confidence of the people by demonstrably showing its political will to reestablish the rule of law. It should be taken as an opportunity to

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assure the citizens that everyone is entitled to equal treatment and that it is the obligation of the State to protect their constitutionally guaranteed rights regardless of rank or social status. Irretrievable damage has already been done but it must now come to an end.

Anyone who violates or disregards the law should not only be held accountable but made an example, so that rule of law is restored. The perception of elite capture and the culture of treating the less privileged as 'ordinary citizens' is definitely alien to a society that is governed under a Constitution. This Court reposes its confidence in the Federal

Government i.e. the Prime Minster and the members of his cabinet.

This Court has no reason to doubt that they lack the will or commitment in making this case an example for bringing a demonstrable change in the paradigm of a deeply corrupted governance system prevalent in the 1400 square mile area of the Capital of Pakistan.

43. In the light of the above discussion, it is declared and directed as follows:

(a) Land acquired under the Ordinance of 1960 vests

in the State and it cannot be used, directly or indirectly,

in violation of the scheme and provisions thereof. The

planning and development of acquired land is subject

to and confined to the Scheme prepared under sections

12, 13 and 14 ibid. Its use, directly or indirectly, for the

benefit of a private profit making entity or person is

contrary to public interest and policy, violation of

constitutionally guaranteed rights of the public at large

and thus without lawful authority and jurisdiction. Such

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use of acquired land is misuse of authority and is in breach of the fiduciary duty of the Authority as a trustee on behalf of the people of Pakistan.

(b) The use of acquired land by the Board of the

Authority to facilitate and benefit the Company, in pursuit of its commercial interests, was an illegal misuse of authority in violation of the scheme and provisions of the Ordinance of 1960 and the Regulations of 1992. The acquired land could not have been used as a tool to overcome the condition precedent for obtaining the No Objection Certificate. The No Objection

Certificate was thus illegal, void and issued without lawful authority and jurisdiction.

(c) The acts of the Company regarding the acquired land were and continue to be illegal, void and in violation of fundamental rights of public at large and in breach of public interest.

(d) The Authority and the Chief Commissioner,

Islamabad Capital Territory are directed to forthwith remove all the obstructions or any other construction attributed to the Company on the acquired land.

(e) The Authority shall forthwith resume the land so far developed by the Company under regulation 22 of the Revised Modalities and Procedure, 2020. The

Company is not capable of completing the Housing

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Scheme till it has fulfilled all the conditions required for becoming eligible to obtain a No Objection Certificate.

(f) The Board of the Authority shall take appropriate decisions regarding the Housing Scheme in accordance with the provisions of the Ordinance of 1960 and the regulations made there under, inter alia, having regard to the enforced laws which guard against environmental degradation.

(g) The Chief Commissioner shall, forthwith, ensure that the land of the Housing Scheme is demarcated and all the complaints regarding land grabbing, obstructing rights of way and other property rights of the citizens are attended to and resolved in accordance with the law.

(h) The Deputy Commissioner shall put in place an effective mechanism to redress the complaints of citizens affected by the illegal activities and actions of the Company or those acting on its behalf.

(i) The Deputy Commissioner shall ensure that urgent measures are taken to prevent the phenomenon of land grabbing and other violations of property rights in the un acquired land, inter alia, in the light of the report submitted before this Court.

(j) The Authority and the Deputy Commissioner will initiate a process of demarcating the acquired land that

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vests in the State. They shall retrieve any such land which may be either in the illegal possession of the

Company or any other private person.

(k) The Secretary, Ministry of Interior, Chief

Commissioner and the Inspector General will be responsible, jointly and severally, if the phenomenon of land grabbing and illegal dispossession continues within the 1400 square mile area of the Islamabad Capital

Territory.

(l) The Secretary, Ministry of Interior shall place copies of this judgment before the Federal Cabinet i.e. the worthy Prime Minster of Pakistan and the members of the Cabinet. It is expected that the Federal

Government would take appropriate decisions regarding initiating a probe relating to the gross illegalities committed in the case in hand and make it an example for restoring rule of law within 1400 square mile area of the Capital of Pakistan. It is expected that exemplary accountability will be ensured of those who have caused irretrievable damage and violated the constitutionally guaranteed rights of the citizens.

(m) The Federal Cabinet is expected to take appropriate decisions for making the Environmental

Protection Agency an effective and independent statutory regulator for environmental protection under the Act of 1997. Accountability is a foundational

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principle of rule of law and good governance, including

governance of natural resources, to prevent adverse

environmental impact and abuse of power. The Federal

Cabinet is, therefore, expected to set the wheel of law

in motion to fulfill the crucial requirements for the

actors to accept responsibility and be accountable for

their actions.

(n) The Federal Cabinet is expected to direct the

Authority to strictly abide by the laws enforced for

guarding against environmental degradation and to

prevent further harm to the environment, which

violates the right to life of the citizens.

(o) The Secretary, Ministry of Interior, Chief

Commissioner and Deputy Commissioner are directed

to submit a joint report within one month before the

Registrar of this Court regarding compliance with the

above directions.

44. The petitions are allowed and disposed of in the above terms.

(CHIEF JUSTICE)

Announced in open Court on 07.12.2020.

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(CHIEF JUSTICE)

Approved for reporting.

Tanveer Ahmed/*

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ANNESURE-A

1. W.P.No.3877/2019 Farhan Mustafa v. The State and others. 2. W.P.No.4252/2019 Ahmed Shah Bukhari and others v. The Chairman, CDA and others. 3. W.P.No.2187/2020 Ahmed Mukhtar and others v. SHO, P.S. Banni Gala, etc. 4. W.P.No.2188/2020 Mehmood Ahmed and another v. SHO, P.S. Bani Gala, etc. 5. W.P.No.2189/2020 AamirAftab v. SHO, P.S. Bani Gala, etc. 6. W.P.No.2190/2020 Farhan Tahir v. SHO, P.S. Bani Gala, etc. 7. W.P.No.2191/2020 Muhammad Shamim v. SHO, P.S. Bani Gala, etc. 8. W.P.No.2192/2020 Zarafat Khan and others v. SHO, P.S. Bani Gala, etc. 9. W.P.No.2193/2020 IrumAhtasham v. SHO, P.S. Bani Gala, etc. 10. W.P.No.2361/2020 Muhammad Israr v. SHO, P.S. Bani Gala, etc. 11. W.P.No.2362/2020 Iftikhar Ali v. SHO, P.S. Bani Gala, etc.