ISLAMABAD: The Supreme Court on Tuesday directed the government to get approval from the federal cabinet for the regularisation plan of the Capital Development Authority (CDA) within two weeks.
A three-member SC bench comprising Chief Justice Mian Saqib Nisar, Justice Umer Ata Bandial and Justice Ijazul Ahsan directed this while hearing a suo motu case pertaining to illegal structures and environmental degradation in Bani Gala.
The court directed demolition of all illegal structures alongside the Korang Nullah and Bani Gala. The chief justice noted that if unapproved constructions were not regularised in two to three weeks, Capital Administration & Development Division (CADD) Minister Dr Tariq Fazal Chaudhry will be held responsible.
The court summoned monthly reports over the action taken against the encroachments and illegal structures on Korang Nullah. Monthly reports have also been sought on all the cases filed in the sub ordinate courts over the botanical garden in Bani Gala.
The Punjab government has been directed to submit before the apex court the monthly report over the sewage treatment plant.
At the onset of hearing, Additional Advocate General Nayyer Rizvi apprised the court that CDA had finalised the regularisation plan of the whole area of Bani Gala, that will regularise the whole settlement in the area. He said CDA prepared the draft of regularisation.
To a court query, he said structures made prior to March 30, 2018 will be regularised, whereas those constructed after this date will be demolished.
He contended that not the CDA but the municipal corporation of the federal capital was responsible for the structures constructed on the Korang Nullah.
He said magistrate Zone 1 has stated that he will issue notices to all those who had constructed illegal structures on the Korang Nullah and after their response all these structures will be demolished.
No one should be allowed to construct illegal structures in the future, the chief justice observed, adding that the purpose of the case was to safeguard the Korang Nullah and botanical garden.
The chief justice asked Pakistan Tehreek-i-Insaf Counsel Chairman Babar Awan, who is a petitioner in the case of encroachments in Bani Gala, whether he was satisfied with the regularisation of the area, to which he stated that the regularisations were prepared in accordance with the apex court orders.
“Is it not a joke that a plot measuring eight marlas constructed illegally is being regularised by imposing a fine of only Rs 10,” Justice Umer Ata Bandial regretted. The counsel then stated that it was a fine per square feet.
During the hearing, the chief justice noted that someone messaged him in the morning that the reason behind China’s rise was that the country fired around 400 ministers as it took action against all those found negligent. Further hearing will he conducted today (Wednesday).
According to sources, the CADD Minister Dr Fazal Chaudhry has decided to regularise the population of Bani Gala without any fine, as it is his constituency and vote bank.
He believes that PTI Chief Imran Khan can pay the fine to get his residence regularised, however the other people of the locality cannot pay the fine.
The covered constructed area of Imran Khan’s residence is 15,300 feet and at the rate of Rs 10 per square feet, his residence constructed without the approval of map, will get regularisation/legality, by paying Rs 153,000.
In 2017, CDA had informed the apex court that more than 100 structures in Bani Gala, including the residence of Khan were illegal.
The case is based on a suo motu notice which originated from Khan’s petition seeking the court’s intervention to stem illegal construction and environmental degradation in Bani Gala.
Published in Daily Times, April 4th 2018.