ISLAMABAD: The Supreme Court has ordered the federal government to get the March 26, 2007, notification implemented without any discrimination that restricted all types of constructions around 2,000 yards of the Pinstech complex.

The notification also prohibits launching any housing society around the complex unless cleared by the director general of the Strategic Plans Division (SPD).

The Pakistan Institute of Nuclear Science and Technology (Pinstech) is one of the largest national research institutes that explores nuclear reprocessing and works under the Pakistan Atomic Energy Commission (PAEC).

To establish a research development and training centre for nuclear services and technology, the government acquired 876 acres, 19 kanals and 16 marlas of land in different stages since 1961 at Nilor in the Zone-IV of Islamabad.

The nine-page decision announced by a three-judge Supreme Court bench headed by Justice Nasirul Mulk came on an appeal filed by Raja Safeer Ahmed, who owns land around the Pinstech complex.

Initially, Mr Ahmed had challenged the notification as well as the Works of Defence Act 1903 in the Islamabad High Court (IHC) in 2007. Under the Act, no variation shall be made in the ground-level and no building wall, bank or other construction above the ground shall be maintained, erected, added or altered.

The petitioner pleaded that the activities carried out by Pinstech did not fall under the definition of ‘works of defence’ and that the notification violated the fundamental rights guaranteed in the constitution.

He stated that he had been living in the area for generations and because of the restrictions could neither dispose of his land nor raise any construction.

A single judge of the high court later declared that the restrictions cannot be treated as reasonable within the meaning of Article 23 of the constitution that dealt with the property matters. The court ordered the authorities to limit the period of restrictions to three years.

Both the parties moved intra-court appeals and the IHC dismissed the petition of Mr Ahmed and accepted that of Pinstech. Consequently, Mr Ahmed filed an appeal with the Supreme Court.

During the hearing of the appeal in the apex court, Iftikhar Hussain Gilani, the counsel for Raja Safeer, contended that with the enactment of the National Command Authority Act 2010, which provided for the safety and security of strategic organisations, all other laws including the notification stood superseded.

The counsel argued that since the Pinstech complex was located within Islamabad, the Capital Development Authority (CDA) alone could impose restrictions under the Capital Development Authority Ordinance 1960.

Advocate Ahmer Bilal Soofi, representing Pinstech and the National Command Authority, however, explained that the complex was an ancillary of PAEC.

He said the rights of the citizen to acquire, hold and dispose of property at will have been made subject to a reasonable restriction imposed by the law in the public interest.

The restriction imposed by the notification makes the construction of buildings, their maintenance or alteration subject to approval of the SPD director general.

During the proceedings, the court was also informed that two developers - Royal City Housing Scheme and Alhamra Avenue Housing Scheme - had launched residential projects in the area.

But a representative of the CDA told the court that notices had been issued to the developers cautioning them from raising any construction.