ISLAMABAD: Supreme Court (SC) has sought details of all constructions made during the last 20 years in Bani Gala from the Capital Development Authority (CDA).
SC also asked CDA and its administration what they were doing at that time.
Court also directed CDA to file a proposal before it, for regularising illegal constructions in Banni Gala.
A three member bench presided over by Chief Justice Mian Saqib Nisar took up suo motto Banni Gala illegal constructions case for hearing on Wednesday.
During the course of hearing, Chief Justice remarked that it is not a complicated matter rather it is a simple issue and we will have to see rules and regulations.
Counsel for PTI Chief Imran Khan, Babar Awan said Imran Khan’s residence is located in the area which has been identified by CDA.
Justice Umar Atta Bandial remarked, suo motto notice has been taken due to two reasons, one because water of Rawal Lake is becoming contaminated and secondly encroachments have been raised in Bani Gala garden.
CJP remarked, CDA has not reported that how water of Rawal Dam is being cleansed.
Justice Bandial remarked we have to save Bani gala garden from encroachments and Rawal dam water from becoming contaminated. It is the duty of CDA to look into the matter of encroachments.
Babar Awan said, according to CDA, section 144 has been imposed to stop deforestation.
CJP remarked, steps taken by CDA and administration are of positive nature.
Babar Awan said, these steps are only restricted to papers.
According to CDA, a survey has been conducted in Bani Gala for pointing out illegal constructions but in CDA report only southern area of Bani gala was focused while areas located in east, west and north were completely ignored. Thousands of building have been constructed alongside Bani Gala road.
CJP remarked, we have to see how the plots were allotted to residents in Bani Gala, either allotted land was of Pakistani state or the allotment of plots was made through an auction.
CJP while addressing Babr Awan remarked, do you not accept that construction of 122 buildings in Bani gala was made illegally while you have said that most of the constructions in Bani gala are illegal.
He observed “ first of all we have to see allotment of plots was made in accordance with law or otherwise in Banni Gala. The matter of construction will come next to it. We also have to see either constructions were with the permission of competent authority or otherwise.
There are three matters regarding Bani gala, one is deforestation in botanical garden of Bani gala, second is boundary wall, and third is supply of Rawal Dam water to twin cities.
He remarked there is no life without water and air. If the CDA does not implement court’s order and if it presents an incomplete report then we can appoint experts in this matter.
Babar Awan said, marriage halls were constructed on land of CDA in Bani Gala.
On it Justice Bandial remarked, was its allotment illegal?
CJP further remarked, which department was to monitor the constructions when these were made in Bani Gala. Whosoever so willed, raised construction.
Zafar Ali Shah also appeared before court during hearing and took the plea that there is a ban on constructions within 2 kilometers from Rawal Dam banks and these 2 kilometers limit falls in national park upon which constructions of SC building, PM office, Convention Centre, have been made.
All these buildings have been constructed illegally, he added.
CDA officials took bribe for construction within this area of 2 kilometers.
CDA declared122 houses as illegal while these had been made possible after giving bribe to CDA.
CDA counsel informed to court that Doctor Abdul Qadeer was the first one who started construction in Bani Gala in 90s when CDA launched an investigation but he took permission from high court Rawalpinid bench for construction and CDA stopped its action. . Now there are nearly 220 constructions made thereon and no tax is received by CDA.
Justice Bandial remarked, Why CDA does not want any extension in Municipal limits?
He inquired about who is giving permission for construction of marriage halls on CDA land?
The court while seeking record of all constructions made during last 20 years in Bani gala directed CDA and Islamabad administration should give reply what were they doing when these constructions were being made.
Court also sought reply from PTI Counsel Babar Awan on CDA report.