Daily Times

A special Bench of Supreme Court comprising Mr Justice Muneeb Akhtar, Mr Justice Muhmnmad Ali Mazhar and Mrs Justice Ayesha Malik heard the case relating to impugned judgment passed by Division Bench of Islamabad High Court whereby the Islamabad High Court declared vide judgement dated 3-2-2022 that the revised policy intended to be launched in Sectors, F/12, G/12, F/14 and F/15 was in derogation of public interest and violative of constitutional rights of public at large. Hafiz Ahsaan Ahmad Khokhar Advocate Supreme Court entered appearance on behalf of allottees before the Special Bench.

Facts of the case were that earlier the Senate Committee on Housing and Works recommended that Sector F-14 be allocated by the Capital Development Authority to the Federal Government Employees Housing Foundation for preparing a housing scheme. After meetings and deliberations, the CDA and respondent no 2/ FGEHF agreed to initiate a housing scheme in Sector F-14 with mutual collaboration. Accordingly, the Secretary Ministry of Housing and Works initiated a summary on 06.01.2015 regarding acquisition of land for the FGEHF in Sector F-14 and some parts of Sector F-15 in Islamabad Capital Territory (ICT). Then the Prime Minister approved the summary on 01.05.2015 and notifications under Section 4 and later under Section 17 of the Land Acquisition Act of 1894 were issued by the Commissioner ICT on 20.05.2015 and 04.12.2015 respectively. On 29.09.2016, a development contract was awarded to the Frontier Works Organization (FWO). Then an award was announced by the Collector on 15.11.2016 regarding land in F-14. Thereafter, Commissioner ICT issued a notification regarding land in F-15/3 & F-15/4 on 15.06.2017 and the land Collector then announced the award for land situated in revenue estates of Tarnol and Jhangi Syedan in ICT in favor of FGEHF on 06.07.2017 and finally the allotment was made in the year 2021 after first round of litigation decided by Supreme Court for the same sectors.

However, the matter was again challenged in is High Court through various petitions, and the Division Bench of Islamabad High Court, issued its judgment vide dated 03-02-2022 and declared among others many that the housing schemes for Sectors F14/ F15/ G12, F12 Islamabad was unconstitutional and illegal. Thereafter, the allottees and FGHF challenged the impugned judgment dated 03.02.2022 of the Division Bench of Isd High Court before Supreme Court of Pakistan through various petitions. Hafiz Ahsaan Ahmad Khokhar advocate Supreme Court Counsel of the allottees submitted before Supreme Court that the Division Bench of isd High Court through their impugned judgment dated 03.02.2022 have raised such questions which were neither taken up by the petitioners in their petitions nor was any prayer to that effect made in the writ petitions, thus this amounts to exercise of Suo motu power which a High Court does not have under any provision of the Constitution, thus the impugned judgment is patently illegal and not sustainable in law.

Hafiz Ahsaan Ahmad Khokhar counsel of the petitioners further submitted that being serving and retired Government servants the allottees of plots/land in Subject sectors/ F14-F15 Islamabad deposited the requisite amount since long with respondent no 1 in lieu of their allotted plots. The subject impugned judgment has again been passed by High Court relating to the issues of F14/F15 sectors whereas acquisition for a housing scheme constituting a valid public purpose has already been decided for the same Housing sectors F 14/F 15 by Honourable Supreme Court. According to the Counsel of allottees the allottees have now become victims of this long standing litigation when particularly the matter was earlier decided by the Supreme Court for the same housing sectors and finally requested for acceptance of their application to become a party of these proceedings.

The Counsel of FGHF also read the previous order of the Supreme Court and invited the attention regarding such observations. The Honorable Special Bench thereafter accepted the CMAs of allottees, allowed them to become parties of case, and issued directions to the registrar office to make them numbers and also ordered to issue repeat notices to Attorney General Office and to the respondents with further directions to re-fix the case within two weeks.