In the Islamabad High Court, Islamabad Judicial Department
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JUDGMENT SHEET IN THE ISLAMABAD HIGH COURT, ISLAMABAD JUDICIAL DEPARTMENT W.P. No.403/2020 Umar Ayaz versus Capital Development Authority through its Chairman & 04 others Petitioner by: Mr. Zufran Abbas Chaudhary, Advocate for petitioner. Malik Saqib Mehmood, Advocate for applicant in C.M. No.1841/2020 Respondents by: Mr. Amir Latif Gill, Advocate for CDA. Mr. Nasim Ahmed Shah, Advocate for Chief Commissioner, ICT, Islamabad. Mr. Ghulam Murtaza, Naib Tehsildar, ICT, Islamabad. Date of Decision: 23.12.2020 JUDGMENT MOHSIN AKHTAR KAYANI, J:- Through this writ petition, the petitioner has prayed for issuance of direction to the respondents authority for clearance of amenity plots from the encroachers in Model Town, Humak Housing Scheme, Islamabad as per master plan/layout plan. 2. Succinctly, the petitioner has alleged that the master layout plan of Model Town Humak, Islamabad despite being approved by the Capital Development Authority (CDA) with specific allocation of land for amenities with respect to schools, colleges, green area, public park, etc., the CDA has failed to provide all these facilities even after the span of 36 years, as such, inaction on the part of respondent Authority has unbridled the land grabbers to raise illegal constructions over the amenity plots. Hence, instant writ petition. W.P. No.403 of 2020 Page 2 3. Learned counsel for petitioner contends that the land grabbers have converted the acquired land for their private use in violation of approved layout plan of Model Town, Humak, whereas the CDA has remained sluggish in taking action against such land grabbers, as such, the superior Courts have time and again held that the land meant for public-at-large in shape of amenity plots is considered to be a trust and the civic body is bound to protect the same in favour of general public. 4. Conversely, learned counsel for respondents CDA contends that the CDA has carried out development in the Model Town Humak Housing Scheme in accordance with the approved layout plan and has established schools, public parks, mosques, graveyard, etc., as such, the respondent Authority is vigilant in solving the complaints being filed with respect to encroachment upon amenity plots, per se, the non-demarcation of land and disputes amongst the locals have resulted in encroachments. 5. Arguments heard, record perused. 6. Perusal of record reveals that instant writ petition has been filed by the resident of Model Town Humak, Islamabad against the inaction on the part of CDA authorities, who have not yet taken any action against illegal encroachers / land grabbers, who have violated the layout plan and encroached upon the state land (amenity plots meant for schools, colleges, green area, public park and other community building plots. The petitioner has highlighted certain instances whereby the land grabbers have forcibly occupied and raised construction over a Nullah and land allocated for green area, public park and other amenity plots. The demarcation report of the CDA also shows certain unauthorized constructions, but even then the CDA authorities have not initiated any W.P. No.403 of 2020 Page 3 action. Furthermore, the CDA in compliance of this Court’s direction has also submitted a detailed report, which reveals that the plots of Jumma Bazaar, park, mosques, dispensary, green area and madrasa have been encroached upon in the Model Town Humak and certain amenity plots have not been developed till date. Similarly, in Mouza Humak Zimni the graveyard has been exceeded with the outcome that the land allocated for Masjid and park has been encroached upon by the land grabbers, even one of the parks has illegally been occupied by DHA. A madrasa has been constructed in park area and residence of Imam Masjid has also been established illegally. 7. The above referred irregularities and misdeeds call for shutting down the CDA forever as the CDA has cause havoc to the Islamabad Capital Territory, even the CDA is not able to ensure compliance of the law correctly. All their actions go on slow policy, corruption, bribery, illegal gratification, which further reinforced the illegal land grabbers and occupiers to encroach upon state lands, resultantly the layout plan is being violated, as such, the people who have paid their hard earned money to live a peaceful life with all utilities and facilities have been deprived of their due right of life in terms of Article 9 of the Constitution of the Islamic Republic of Pakistan, 1973. 8. In response to notices to the CDA authorities, certain individuals put appearance before this Court and submitted applications for impleadment as party in the proceedings with their specific plea that they have not encroached upon the amenity plots and even certain piece of land has not been acquired by the CDA in original award, therefore, the CDA authorities have no right to proceed against them. This Court has allowed W.P. No.403 of 2020 Page 4 all these applicants to argue their cases in details. A demarcation report was also prepared and certain encroachments have been removed by the CDA, but the issues have not been resolved in accordance with law. 9. The applicants have raised objections against the demarcation report, however at this stage, all the parties and individuals present before the Court are in agreement that the CDA shall take action in accordance with law on the basis of demarcation report, whereby acquired land of CDA measuring 45-Kanal & 16-Marla has been encroached, however the portion of land which was not acquired by the CDA requires a specific demarcation on spot. 10. In view of above reasons and record, the captioned writ petition is hereby DISPOSED OF with the following directions: (a) The CDA authorities shall take immediate action against the land grabbers by way of removal of illegal construction on allocated land meant for construction of primary school, secondary school, colleges, public parks, green area and commercial Markaz as per the layout plan approved by the CDA. The land shall be restored to its lawful authorities / owners. (b) The CDA authorities shall complete the construction of school, degree college, park, green area and Markaz as per the layout plan, within one (01) year. (c) The CDA authorities, including the Chairman CDA, Member Estate, Director Enforcement, Director (Land and Rehabilitation), Chief Commissioner, Islamabad, Deputy Commissioner, Islamabad, Inspector General of Police, SSP, W.P. No.403 of 2020 Page 5 Islamabad and S.H.O. concerned are also directed to take action against the land grabbers in accordance with law and restore the state land by all means. In case of any obstruction or resistance by any individual or group of individuals, they shall be dealt with in accordance with law. (d) Islamabad Capital Territory Administration shall facilitate the CDA authorities and in case of non-cooperation by the Islamabad Capital Territory administration they shall face the consequences accordingly. (e) The individuals, who are claiming their personal properties outside the purview of acquired land by CDA in Mouza Humak, shall be settled by way of specific demarcation by the Collector, Islamabad after going through the revenue record in presence of the individuals and after giving them fair opportunity of hearing. The Naqsha Tajawazi shall be prepared and thereafter encroached land be taken over, however in case the individual owner is within his land rights, he shall not be disturbed by any means. The report shall be submitted by the Chairman, CDA within next 30 days. (MOHSIN AKHTAR KAYANI) JUDGE Khalid Z. .