IHC says CDA misused land acquisition powers.

Byline: SHAHID RAO

ISLAMABAD -- The Islamabad High Court (IHC) has said that Capital Development Authority (CDA) had misused its compulsory land acquisition powers to benefit a few and the fundamental rights of victims were violated.

A single bench of IHC comprising Chief Justice of IHC Justice Athar Minallah said this in his written order in the petitions filed by allotees and affectees of CDA sectors including E-12, I-17, H-16, G-12, F-12, Kurri Model Village C-14 and C-15.

In the order, the IHC bench also extended ban on allotment of plots, except through auction and remarked that CDA took land from original owners and distributed it among people from privileged class.

The court observed that the CDA and Federal Employees Housing Foundation (FGEHF) have developed housing schemes for the privileged and ignored the under-privileged. It also said that compulsory acquisitions through which the CDA and the FGEHF acquire land are meant to benefit a handful of people.

The bench highlighted the difficulties facing original owners of land that was acquired for the development of residential sectors in the capital, stating in its order, 'The fundamental rights of persons who were victims of such abuse of power of compulsory acquisition of land continue to be violated. They were displaced decades ago without being compensated.'

In the court order, Justice Athar noted that government entities have allotted plots and houses to members of the upper classes, ignoring the homeless.

He added, 'It is ironic that while the state largesse has been distributed amongst the members of few privileged classes, no scheme within the Islamabad Capital Territory (ICT) has been prepared by the Capital Development Authority or the Federal Government Employees Housing Foundation for homeless, low income or other less privileged classes.'

The court observed that land for this purpose is acquired through 'compulsory acquisition', which is disruptive in nature because people who are deprived of the ownership of their land are exposed to enormous economic and social costs.

It said, 'However, the power of compulsory acquisition of land cannot be used to violate private property rights. Every affectee has to be generously and timely compensated so as to enable the latter to recover from the negative consequences of being displaced forcibly such as loss of established homes, businesses and social costs. The procedures adopted for compulsory acquisition of land inevitably have...

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