ISLAMABAD – The Islamabad High Court (IHC) Friday issued notices to the Chairman Capital Development Authority (CDA) in a petition filed against the carving of new plots in the green area of Sector G-11 of the capital.
A single bench of IHC comprising Justice Mohsin Akhtar Kaynai conducted hearing of the petition filed by the two residents of the sector including Kamran Khan and Arslan Tahir through their counsel Umer Ijaz Gilani and cited Chairman CDA and Director Enforcement as respondents.
The IHC bench also summoned the Director Enforcement of CDA in person on the next hearing and deferred the proceedings till May 27.
Petitioners’ counsel informed the court that the CDA is carving out plots in the green space/open area located in the sector and the petitioners, who are long-time residents of the street where this patently illegal activity is taking place, has come to this court so that this illegality may be timely prevented.
He added that if the CDA were allowed to get away with such actions, a time will come soon come when there would not be patch of green space left in the capital city of Pakistan.
The counsel argued that the actions of the respondents are not only devaluing the property values of the petitioners but they are also violating the Master Plan of Islamabad and destroying the beauty of this city.
He contended that their acts are patently against the provisions of CDA Ordinance, 1960 and Islamabad Capital Territory (Zoning) Regulations, 1992, as well as dictum laid down by the superior courts of Pakistan in that regard. He further said that the IHC has repeatedly restrained CDA from such actions and similar intervention is humbly sought in the present case.
Therefore, he prayed to the court to restrain the respondents from developing, creating or allotting any “new plots” on the green space located in the corner of Street 109, G 11/3, Islamabad.
He also requested the court to direct the respondents to undo the damage done to the green space located in the area and direct the respondents to ensure compliance with the judgment of this court in W.P. 3721/2012 reported as 2019 YLR 1625.
The petitioners further requested the court to declare that the impugned actions of the respondents are illegal, malafide, arbitrary, being in violation of CDA Ordinance, 1960 as well as the fundamental rights of the residents of Islamabad.