Daily Times

ISLAMABAD: PTI Chairman Imran Khan has himself committed the same violations of the CDA by-laws in Bani Gala, for which he has sought the Supreme Court’s intervention, an investigation by Daily Times found, revealing the double-standards of the political elite.

Recently, the Chairman Pakistan Tehreek-e-Insaf (PTI), Imran Khan, wrote a letter to the Chief Justice of Pakistan to draw his attention towards the “municipal lawlessness” in the area of Bani Gala, but it is a fact that he himself is lacking a legal cover for his residence situated in Margalla Hills National Park Area, which is a major and sensitive component of Zone-3 in the Islamabad Capital Territory.

Mr. Khan had constructed his residence spread over a piece of land measuring 300-kanals and 5-marlas situated in the real estate of Village Mohra Noor by violating two laws simultaneously: the Islamabad Wildlife (PPC&M) Ordinance, 1979 and the Islamabad Capital Territory (Zoning) Regulations 1992.

Firstly, the residence of Imran Khan falls under the Zone-3 of the federal capital in which no private residential, farming, orchard scheme and any residential construction is allowed whereas only old inhabitants were allowed to stay but under a controlled programme, without any expansion in their houses as per the clause ‘a-e’ of the section 3 in chapter-III of the Islamabad Capital Territory (Zoning) Regulations 1992.

But the more dangerous and illegal thing in the case of Mr. Khan’s residence is that besides zone-3, it is also constructed in the Margalla Hills National Park. The park comprises the Rawal Lake and an area within a distance of two kilometres from the highest water mark of the Rawal Lake declared by S.R.O 443 (I) dated 28th April 1980 issued under Section 21 of the Islamabad Wildlife (PPC&M) Ordinance, 1979.

The purpose to declare any area as National Park is to protect and preserve the scenery, the flora and the fauna in their natural state and no private construction is allowed in the said area, but Mr. Khan has not only constructed his house contrary to the provisions of the law, but also restrict public access by constructing a boundary wall around his house, which is otherwise not allowed under the Islamabad Wildlife (PPC&M) Ordinance, 1979.

The Directorate of Regional Planning, which deals with zone-3 categorically stated that there was no approval issued by the civic body for the construction to anybody as it is not permitted under the bylaws of the zone-3 then the issuance of any NOC for Imran Khan’s house is an out of question thing.

However, spokesperson of the PTI Fawad Chaudhry, while responding to the issue said: “The residence of Imran Khan in Bani Gala was constructed before the promulgation of the present bylaws whereas the approval for the the construction of his house was given by the concerned Union Council (UC) at that time.”

It is essential to clarify here that Imran Khan had purchased the land for the construction of his house in Bani Gala on 13 March, 2002 as per his own statement submitted in the Supreme Court, but the laws restricting construction in this area were even in place decades before his arrival in the area, i.e. 1979 and 1992.

Furthermore, when this scribe asked Mr. Fawad to provide a copy of the approved building plan by the Union Council, he said; “I don’t have a copy and you can take it from the record of the concerned Union Council.”

The incumbent Chairman of the concerned Union Council-23, Jameel Khokar, said: “We don’t have such a record of approvals including the residence of Mr. Khan as nobody bothered to seek any approval to construct houses in our area.”

“The negligence of the CDA can never be ignored in the development of unplanned and unregulated settlements, but it is a fact that these were some big guns like Dr Abdul Qadeer Khan, Imran Khan, Khursheed Mehmmod Kasuri and others, who first chose the area to live besides knowing the fact that it was against the law”, an officer of the Planning Wing of the CDA commented on the condition of anonymity.

It is also necessary to mention here that the civic body had carried out a massive operation against the illegal construction of farmhouses by Dr. Abdul Qadeer Khan and some others in 1992, but it was stopped due to strong resistance and the court’s involvement.

Though, in this case titled “CDA vs Dr. Abdul Qadeer Khan SCMR 2636, 1999” the decision of the Supreme Court barred the CDA from an operation against the residents and declared that the civic authority can regulate the area only after making concert efforts for the acquisition of the said area preparing a scheme, but this decision did not allow massive construction in the area as the court accepted the power of the civic body to earmark any area for any specific purpose.

Meanwhile, the other complaint made by Imran Khan in his letter was about the encroachment of the Botanical Garden. The Botanical Garden measuring 483 acres is also situated in zone-3 allocated by the CDA in the early 90s for research purposes and it handed over its possession to the Ministry of Environment which later became the Ministry of Climate Change in result of the devolution process under the 18th amendment in the Constitution of Pakistan.

A number of mafias are involved in the encroachment of this piece of land and a housing society named Park View Enclave, which is co-owned by a senior leader of the PTI Aleem Khan, is also situated in the same area and has been accused of encroachments.

While clearing the stance of Mr. Khan regarding this housing scheme, the PTI spokesperson said, “The PTI chairman is against everybody who is encroaching the botanical garden even if he is Aleem Khan or somebody else.”

In the light of the aforementioned facts, it is the responsibility of Imran Khan to first clear his own position about his personal residence and direct his close aide Aleem Khan, to answer the questions regarding his unauthorised housing scheme as it is a principle of equity that anyone who approaches the court of law for seeking a relief should come with clean hands himself.