SC directs CDA to act against farm owners

[Salman]

ISLAMABAD: The Supreme Court (SC) has directed chairman Capital Development Authority (CDA) to indiscriminately act against agricultural farm owners, violating the contract by using agricultural farm land for commercial purposes. The SC expressed dissatisfaction over the action taken so far by CDA.

A three member bench of the apex court, headed by Chief Justice Iftikhar Muhammad Chaudhry has questioned as to why the allottees were allowed 10,000 square feet construction on the farm land since 2004 without any justification. Earlier, 2500 square feet construction was permitted on the farm land.

When the bench was told by a lawyer that that decision in this regard was taken by former military dictator Pervez Musharraf, the chief justice questioned how a country could be run on an individual’s decisions.

The bench observed that CDA was reluctant to take action against the influential allottees, who had constructed three story buildings on the public land.

Justice Azmat Saeed also said that if the court would examine the capital’s master plan then Adiala Jail would be filled by CDA officials as CDA had become worst development authority of the country. He said that it seemed that there was no state writ in the capital.

“What is your problem because you have sufficient power to proceed against farm owners, who are misusing the land and why you people are so weak?” the CJ asked the counsel for CDA Munir Ahmad Paracha. The CJ also said that it was not fair that CDA takes action against poor people but influential people were being spared.

During the hearing, the court was informed that 10 farms’ land had been retrieved and 82 show cause notices were also issued to the allottees regarding the cancellation of their lease.

A farm owner, Khushnood Ali Khan told the bench that CDA in its contract had promised to provide subsidised electricity but IESCO was taking domestic charges. He also said that the CDA did not supply water to them either, therefore they could not use the land for agricultural purposes.

Khan told the bench that agricultural farms were still being used on commercial purposes.

Likewise, a CDA officer also confessed that few days ago, a farm was being used for marriage but he was not sure about the actual deal between allottee and host of the wedding ceremony.

The court was surprised to know, when Khushnood Ali Khan stated that residential houses in the capital were being used for commercial purposes and CDA was helpless in this regard.

On the other hand, Munir Paracha contended before the bench that when CDA took action against the responsible people, they obtained stay orders from Islamabad High Court.

He said that IHC had issued several stay orders over the guest houses owners’ petitions.

The hearing of the case has been adjourned for three weeks.