ISLAMABAD: The Supreme Court on Wednesday sought Pakistan Tehreek-i-Insaf (PTI) chairman Imran Khan’s answer to the Capital Development Authority’s (CDA) claim that his 300 kanal estate to be one of 122 buildings raised illegally in the Banigala area.
An SC bench headed by Chief Justice Mian Saqib Nisar also
asked the CDA and Islamabad Capital Territory (ICT) administration to
submit comprehensive data on the allotment of land at the banks of Rawal
Lake during the last 20 years. The court wondered why the
administration and police had failed to act against illegal buildings
when they were being constructed.
“Let the CDA and ICT
apprise the court about laws which were prevalent at the time when
different structures were being made in the area which according to them
were unauthorised,” the court observed, and also sought the CDA’s
response about the regularisation of legal and illegal constructions in
the area.
The court also sought assistance from Attorney
General Ashtar Ausaf in helping the court understand the Islamabad
zoning laws as well as the boundary of the Botanical Garden, and
observed that building bylaws should be enforced throughout the capital.
In
a fresh report before the SC, the CDA has asserted that 122 illegal or
unauthorised buildings are either under construction or have been
completed, in violation of the ICT Zoning Regulations, and are thus
required to be demolished.
The report also highlighted that Mr Khan’s residents was on the list of 122 illegal constructions.
The
SC was hearing a case related to high levels of encroachment on the
Botanical Garden and unplanned and unregistered plazas in the Banigala
area. The court took suo motu notice of the case based on a letter by Mr
Khan himself, inviting the court’s attention towards unchecked and
unplanned construction in the Banigala area, massive denuding due to
large-scale tree felling and the pollution of Rawal Lake by sewerage.
In
his letter, Mr Khan had criticised the unplanned and unregulated
buildings cropping up in Banigala with no sewerage or waste disposal
systems in place. If left unchecked, the refuse from these buildings
would find its way in Rawal Lake, which stores drinking water for
Rawalpindi residents.
During the proceedings, Justice
Umar Ata Bandial said the court could not order the demolition of all
122 constructions and, since the law should treat everyone equally,
pulling down one residence could not be ordered.
Babar
Awan, the counsel for Mr Khan, also asked on Wednesday why the CDA
report reached the media beforehand, describing the matter as a “breach
of confidentiality”.
The court also asked the
administration to inform the court on the measures needed to enforce a
sewerage and refuse collection system in the area.
Zafar
Ali Shah, representing 12 Banigala residents, moved an application
during the proceedings to become party in the matter, highlighting the
prohibition on the construction of any infrastructure within a two
kilometre radius of Rawal Lake, including the national park and
Botanical Garden area where illegal constructions have been raised.
The
counsel argued that the 2km area also encompasses buildings such as the
Supreme Court, Prime Minister’s Secretariat and Convention Centre, and
criticised CDA officials for accepting bribes before granting permission
for construction in the prohibited area.
Referring to
the CDA report, the counsel regretted that such illegal constructions
were built after greasing the palms of CDA officials.
At
this, the chief justice regretted that bribery allegations were
embarrassing for the court, and the hearing was then postponed until the
first week of June.
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