ISLAMABAD: The recent Islamabad High Court (IHC) verdict that prohibited construction in the protected Banigala area requires owners of residential and commercial units to have their structures regularised by the Capital Development Authority (CDA).

A list submitted by the CDA to the Supreme Court last year details 122 illegal or unauthorised buildings in Banigala, including the residence of Pakistan Tehreek-i-Insaf (PTI) Chairman Imran Khan.

The SC was informed that Mr Khan obtained approval to build his house from the union council, although that approval was questioned by the then union council secretary.

However, the IHC verdict passed by Justice Athar Minallah, Justice Aamer Farooq and Justice Mohsin Akhtar Kayani on 10 petitions against unauthorised construction in Banigala and E-11 has observed that union councils are not “vested with power or jurisdiction to render special laws as redundant”.

Therefore, “any purported approval granted by a Union Council in violation of the Ordinance of 1960, the Ordinance of 1966, the Wildlife Ordinance of 1979 and other subordinate legislation made there under was illegal, without lawful authority and jurisdiction”.

122 unauthorised structures listed by CDA must seek regularisation in light of IHC verdict

The IHC ruled that the CDA could permit the construction of any residential or commercial unit in Banigala under the CDA Ordinance, the special law that empowers the authority to approve such construction.

The bench also appointed Dr Pervaiz Hassan to be the head of a committee to assess environmental degradation and made a certificate from the federal government supported by the committee mandatory for the regularisation of an unauthorised structure.

In its report submitted to the SC, the CDA had explained that it surveyed illegal commercial buildings in Banigala which revealed that there were 122 illegal or unauthorised buildings either under construction or with their structural work completed.

Most unregulated buildings are located on Banigala Road and Raja Hasnain Abbasi Road, one is located on Street 2, Banigala Road and there is a wedding hall on Dr A.Q. Khan Road.

The report said that buildings in Zone III and Zone IV (the Banigala area) are in violation of the 1992 Islamabad Capital Territory (ICT) (Zoning) Regulations, which was why conservancy services such as garbage collection and sanitation systems could not be provided by the CDA.

The IHC judgement noted that: “It is an undeniable fact that unregulated human activities such as illegal construction, urbanization and violation of the Master Plan have serious consequences which inevitably leads to irreversible environmental degradation and climatic changes.

Pakistan is ranked amongst the top ten countries of the world which has been declared as most vulnerable to the life threatening outcome of climate change.”

“[Pakistan] has been assessed as amongst those countries which have the highest rate of deforestation. Experts have classified Pakistan as a prime target of global warming. Unregulated human activities, particularly illegal construction and urban sprawl are prime causes for global warming, air pollution, water scarcity, loss of forests, extinction of agricultural land and wild life.”

The judgement said: “the most alarming and horrific consequence is the exposure to the imminent risk of irreversible environmental degradation and climatic change which definitely affects the fundamental rights of every citizen.”

It observed that the privileged class had encroached upon the larger public interest.

“The interests of a few thousand individuals e.g in Bani Gala, many of whom belong to the privileged classes cannot be given preference over larger public interests.

“There can’t be a more important larger public interest than protecting the environment and repairing the damage already caused, some of which may have already become irreversible,” it said.

“The vested interests of the privileged classes appears to have made Islamabad, the Capital of Pakistan, beyond the reach of the less privileged who are forced to take refuge in the illegally established private societies.”

The verdict pointed out that it had become inevitable to err on the side of caution in the face of environmental concerns and the looming water shortage crisis, particularly when there is evidence that the manmade reservoir Rawal Lake – the main source of drinking water for the public – is receiving untreated sewage and other waste.

Published in Dawn, July 11th, 2018