The Islamabad High Court (IHC) on Thursday required explanation from Capital Development Authority (CDA) and other equivocator on a petition against the allocation of land for a navy club near Rawal Lake.
Chief Justice Athar Minallah,hearing the case, directed the CDA to inform the court on next hearing that under what law the land had been allotted.
The court also ask the building plan from CDA regarding constructions around Rawal Lake.
The bench avowed in the order that Ahmed Iqbal Maken Advocate appeared on behalf of Pakistan Naval Farms Directorate, Naval Headquarters but he was not able to convince this court that the Pakistan Navy had the authorization under the Constitution or any other law to initiate, manage or operate housing schemes of commercial nature and that too in violation of the law, in this case the Capital Development Ordinance, 1960 and the regulations made thereunder.
It added that respondent no. 2 i.e. Director PNS Farms Naval Headquarters has also appeared and he is directed to submit an affidavit explaining under what authority of law the Pakistan Naval Farms is executing a housing scheme in contravention of the applicable law.
The director general, Environmental Protection Agency, is also bound for to present a report, amplifies whether before starting the construction in an environmentally receptive area the compulsory supplies were satisfied under the Pakistan Environmental Protection Agency Act, 1997. If not, then what measures have been initiated?
The counsel for the petitioner Zainab Janjua has assert that Pakistan Navy has unlawfully constructed a building on the Rawal Lake that has starved of access of the public to the water reservoir.
The petition says the “unlawful occupation” of land, construction of a building thereon and refutation of access to a public place is in violation of the Capital Development Authority Ordinance, 1960 and the fundamental rights guaranteed under the Constitution.
According to the order, In caseif satisfactory justifications were not given then the Capital Development Authority and the administration of the Islamabad Capital Territory, shall identify the persons/authorities responsible for the operation so that they can be proceeded against.”
The court served notice to Ministry of Defense, Chairman CDA,Pakistan Navy, Director General Pakistan Environment Protection Agency and attorney general of Pakistan,, and sought reply till July 23. The petition was moved by a citizen against the allotment of land for club.
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