SC Directs CDA To Restoring Agro-Farms Status

[Salman]

ISLAMABAD: The Supreme Court Thursday took serious notice of the agro-farm land being used for the commercial and residential purposes and directed the Chairman Capital Development Authority (CDA) to take effective steps for the restoration of their original status.

The court also directed the CDA to take measures against the farm owners violating rules in this regard.

A three-judge bench comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice Gulzar Ahmed and Justice Sheikh Azmat Saeed issued these directions when the bench resumed hearing of misuse of agro- farms in the Federal Capital.

The bench directed the Chairman CDA to take personal interest to stop the misuse of agriculture farms for business purposes in the Federal Capital.

The bench observed that the CDA's by-laws made for the construction of buildings on agro-lands were amended to accommodate influential people who were misusing the agriculture lands as construction area on the agro-farms had been extended from 2,500 to 10,000 square feet without any justification in 20 kanal plots since 2004.

It was also observed by the court that the authority was not willing to take action against the violators even after the two years, since the case started.

During the course of proceeding Munir Paracha, counsel for the CDA, apprised the court that there were total of 504 agro-farms in the capital, however, the owners of 300 farms were adhering the CDA by- laws made for the construction of buildings on the agriculture lands.

While informing the court about actions taken by the authority against the violators, he said that the CDA cancelled the ownership of 10 farms, as many as 27 were fined and added that the CDA issued show cause notices to 87 allottees for their non-conforming use.

The Chief Justice Iftikhar Muhammad Chaudhry questioned as to why the allottees were misusing the lands, adding that the authority was reluctant to bring the name of those who were backing the allottees.

Meanwhile, a representative of the CDA apprised the court that agro- farms owners could construct only two rooms on their land, one for the manager other for the security guard, one kitchen and a toilet according to the by-laws.

Khushnood Ali Khan, a farm owner, who is also a party in the case apprised the court that the allottees installed one tube well in each 2.5 acre land due to which underground water level is dropping abruptly in the area.

The court directed the authority to inform the court about the rules and regulations for the installation of tube wells on agro-lands in the capital and added that the given laws should be adhere by the farms owners before the installation of the tube wells.

Later, the court adjourned further hearing of the case for three weeks.