ISLAMABAD: The Islamabad High Court (IHC) pointed out 26 illegalities in the F-14 and F-15 housing project of the Federal Government Employees Housing Foundation (FGEHF).

A two-member division bench of the IHC on Sept 26 upheld the decision of Justice Athar Minallah to scrap the project.

According to the detailed judgement of the division bench, the housing project was marred with procedural, financial, legal and administrative illegalities.

The bench, comprising Justice Aamer Farooq and Justice Mohsin Akhtar Kayani, while rejecting FGEHF’s appeal against the order of Justice Minallah listed the illegalities and irregularities.

The court noted that on Nov 4, 2013, the then prime minister had turned down a summary for acquiring the land which was submitted again to the premier without recording any reason.

The Capital Development Authority (CDA) had opposed the acquisition of land by the FGEHF in F-series since “F-14 cannot be planned to provide 7,000 small category plots.”

It “would deprive CDA from funds recovered through sale of commercial plots,” and reserving a special quota for lawyers would set a precedent for other professionals to get plots in the FGEHF schemes.

The detailed judgement of the division bench says the project was marred with procedural, financial and legal illegalities

The former PM approved the proposal without placing it before the cabinet which was in violation of the Supreme Court’s order.

No public purpose was defined for the acquisition of land and the compensation offered to the affected people was not determined under the CDA ordinance.

The acquired land was transferred in the name of FGEHF and the quota introduced for different categories was discriminatory.

As per the ordinance, the development in Zone-1 can only be carried out by the CDA, not the FGEHF.

The foundation generated the funds from government employees and illegally utilised it in the name of public service.

Article 9 and Article 173 of the Constitution related to the right to life and power to acquire property respectively were violated in the development of the two sectors.

Though the CDA approved the layout plan on July 6, 2017, the FGEHF did not fulfil the required conditions which included setting up a water supply network and sewage treatment plants.

The approval of the layout plan by the CDA was also a violation of its own regulations.

The development of the sectors and allotment of plots were against the Islamabad Land Disposal Regulations 2005 according to which 75pc plots were marketed through an open balloting, 10pc were for the federal government servants, five per cent each for the defence service personnel marginalised groups and the CDA employees.

The FGEHF cannot assume the role of CDA for granting permission for construction, approval of plans, connections of utility, including water supply, and ensuring safety standards for buildings.

The division bench observed that the acquisition proceedings were against the law.

“This entire exercise has been done with mala fide and in complete disregard to Article 24 of the Constitution as well as in violation of Article 9 [right to life] of the individual citizens who are owners of the land in the area.”

The judgement held that “the state functionaries have failed to perform their lawful duties on a required standard after due care and caution which amounts to a regulatory capture and the learned single judge has rightly observed the concept of state largesse as the public purpose has been defeated.”

Former attorney general denies receiving plot

Former attorney general Aziz A. Munshi said he neither had applied nor received any plot from the FGEHF.

“To put record straight, I did not apply to the said housing foundation for any plot as alleged, nor received any plot,” he said.

Justice Nawaz Abbasi of Lahore High Court (LHC) on Nov 8, 1999, directed the housing foundation to allot plots to senior lawyers Sharifuddin Pirzada and Aziz A. Munshi as well as former chief of naval staff Fasih Bokhari.

But Mr Munshi, a four-time attorney general, said “as soon as I came to know of the judgement given by Justice Nawaz Abbasi, I filed an application before the court bringing the same to the notice of the court that I never applied nor was interested nor received any plot. Justice Nawaz Abbasi passed the order deleting my name from the judgement.”

He said the information regarding LHC’s direction for allotment of a plot to him was “not only uncalled for but inconsistent with the record of the case in the LHC Rawalpindi bench.”

Published in Dawn, September 30th, 2018