ISLAMABAD: The Supreme Court on Tuesday directed the Capital Development Authority (CDA) and the union council concerned to present the land record and ‘No Objection Certificate’ (NOC) for construction of Bani Gala house of Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan.
A three-member Supreme Court bench comprising Chief Justice Mian Saqib Nisar, Justice Umar Ata Bandial and Justice Ijazul Ahsan, while hearing a suo motu case pertaining to illegal constructions and encroachments in Bani Gala inquired whether Imran Khan had taken permission from the authorities concerned for construction of his Bani Gala residence.
The court also lifted the ban imposed under section 144 on behalf of the CDA on construction work in Bani Gala. The court, however, held that for construction in Bani Gala, prior permission of the authority concerned would be mandatory. It said the connections of electricity and gas will be subject to the NOC of the building.
During the hearing, the chief justice noted that Imran Khan had constructed ‘boundary wall’ of his residence as well. Additional Attorney General Rana Waqar told the court that Dr Babar Awan, counsel for Imran Khan, was not cooperating on the issue of illegal constructions and encroachments in Bani Gala. He said the court had directed him to hold a meeting with all the parties concerned and apprise it over the matter. He said he had held a meeting with the parties and wanted to suggest the court to stop all sort of construction work in Bani Gala and restrain WAPDA and Sui Gas departments not to issue NOC for electric and gas connections.
Dr Babar Awan, counsel for Imran Khan, stated that there were three types of properties in Bani Gala and that the private land owners had the permission to use their property as per their wish. The chief justice, however, noted that the building regulations have to be followed whatever the case may be.
Babar Awan stated that CDA had no concern with the private property. He said Islamabad Metropolitan Corporation had 50 union councils, out of which 33 were rural and 17 urban. He said constructions around Rawal Dam were also illegal.
The chief justice noted that the complainant should also be clean handed. To a court query, Babar Awan stated Bani Gala falls in Union Council No 4. The chief justice noted that if the court will deem necessary, it would get the documents verified.
With regard to encroachments on Korang nullah, which falls in Rawal Lake, the chief justice said it was the responsibility of the state to remove encroachments from the nullahs. He said if the Executive would have felt its responsibilities, the court would not have to interfere in such petty matters, which were related to human rights.
Officials of the Environment Directorate of the CDA apprised the court that housing societies had not developed sewerage in Bani Gala, which was polluting the water of Rawal Lake.
Minister of State for Capital Administration and Development Division (CADD) Dr Tariq Fazal Chaudhry also appeared before the court and welcomed the court’s decision of lifting ban on construction in the area.
In April 2017, the Supreme Court in a suo motu case on municipal lawlessness in Bani Gala, Islamabad, had sought a report. Later on May 01, 2017, Imran Khan had also filed an application in the Supreme Court against the encroachments in Bani Gala. He had highlighted large-scale encroachment on the botanical garden and the park in Bani Gala.
In compliance with the court orders, the CDA and the Islamabad Capital Territory (ICT) administration had submitted a report in the apex court stating that there were 122 illegal constructions in Bani Gala. It said a portion of Imran Khan’s residence, which consists of 300 kanal, was also illegally constructed.
Published in Daily Times, February 14th 2018.