ISLAMABAD: Noting the lack of cooperation on the part of the capital’s civic authority and the relevant federal and provincial government departments toward settling the matter of katchi abadis once and for all, the Supreme Court warned senior officials their salaries would be attached (withheld) if their lethargic attitude persisted.

The warning was issued by a two-judge SC bench headed by Justice Dost Mohammad Khan, after Law and Justice Commission Secretary Sarwar Khan – who has been appointed a focal person of an expert group constituted by the court – said none of the secretaries he twice invited to meetings turned up.

The court had taken up a petition moved by Aasim Sajjad Akhtar, through his counsel Abid Hassan Minto, seeking a declaration that the state is bound by the Constitution to provide evicted katchi abadi residents shelter and other amenities.

Senior officials’ salaries to be attached if lethargy towards katchi abadi order persists

The petitioners also expressed concern over the manner in which residents of the I-11 katchi abadi were evicted by the Capital Development Authority (CDA), in an operation conducted on July 30 last year.

In an order issued on April 20, the SC tasked the CDA and the federal and provincial governments with developing uniform legislation to devise inexpensive, low-cost housing for the destitute and shelterless.

Subsequently, Sarwar Khan was appointed coordinator for facilitating and providing secretarial facilities to the working group, and governments were directed to ensure regular budgetary allocation for the smooth functioning of the group.

The court ordered the law officers of all the provinces, and the respective finance directors, to attach the salaries of the officers assigned the task of developing the aforementioned uniform policy, in case any default was committed on their part.

The court added that, in addition to their salaries being attached, the officers would also be proceeded against for contempt of court due to their lethargic attitude toward deciding a matter that has been pending for the last year.

The court regretted that the CDA and the relevant federal and provincial departments were not interested in deciding the matter once and for all, through a proper policy.

The court said this was unacceptable, and it would proceed against such a delinquent attitude of the relevant officers. However, it decided to issue a final warning, and directed the coordinator to convene yet another meeting of the relevant provincial secretaries and senior-most CDA officials – such as the member planning and housing and survey.

It would be the responsibility of the coordinator to intimate, even in chambers, if any government official failed to take interest in the meeting of the expert group, the court said.

The court ordered that in the next meeting, the expert group will finalise the fundamental features of the policy to provide low-cost housing facilities through legislation, to those who cannot afford modest housing.

This should be done keeping in view areas’ environment and soil condition. The policy should also guard the interest of the state by protecting it from land grabbers, the order said.

The court has allowed two months for the formulation of this policy. If nothing is developed, the respective chief secretaries and CDA chairman will personally appear before the court on the next hearing date to explain the attitude towards court orders.

The court also directed the CDA and government departments to conduct a comprehensive survey of katchi abadis with the assistance of Survey of Pakistan, Google Maps and other sources, and for which surveyors can also sign a memorandum of understanding with the National Database and Registration Authority (Nadra) to permanently register the family trees of those living in katchi abadis. This would also help authorities prevent undue dual benefits to the same family.

The court also asked the federal and provincial governments to explain why budgetary allocations were not made for the expert group in their respective budgets.

The court order will be sent to the principal secretary to the prime minister, the provincial chief secretaries, principal secretaries to all chief ministers, the CDA chairman, the Islamabad mayor, and the secretaries of Cabinet Division, Establishment Division and climate change.

Meanwhile, the Aug 26, 2015 stay order restraining the capital administration from demolishing any house in existing katchi abadis will remain in place, the SC said.

In case of fresh encroachments, the CDA will submit a report to the court seeking permission to proceed against them.

Published in Dawn, September 1st, 2016