ISLAMABAD: Chief Justice of Pakistan (CJP) Mian Saqib Nisar on Monday ordered regularisation of private properties in Banigala, starting the process from the residence of Prime Minister Imran Khan by collecting a fee from him.

PM Khan would be the first person who would have to pay a fee for the regularisation of his property, CJP Nisar observed, adding that it was the government job to regularise all properties in the area.

However, without mentioning the premier, the CJP observed that there were doubts if the house in Banigala had been constructed by him [Mr Khan] and if he had its record [at the time of construction] or he got it later.

While heading a three-member bench, CJP Nisar also directed the government to remove all encroachment from the government land along the Korang Nullah on a petition filed by Mr Khan. Because of encroachment in the area, security could be compromised and pollution would be increased, the chief justice noted. He suggested that the new government should look into these issues to resolve them.

Authorities asked to retrieve govt land along Korang nullah from encroachers

The counsel for Mr Khan, Babar Awan, informed the apex court that a proposal for the regularisation of the property had already been sent to the federal cabinet. He sought time from the court to confirm whether or not the cabinet had approved the move for the regularisation of properties in Banigala.

Earlier, the additional attorney general presented a Survey of Pakistan report regarding illegal constructions and encroachment. He said that the reports of the Capital Development Authority (CDA) and the federal ombudsman, about Banigala, were similar to the report of the Survey of Pakistan.

The additional attorney general said around 21-square-kilometre area was covered during the survey which revealed that over 600 kanals of government land was occupied by encroachers. He said that all the encroachment could be removed on a court order.

The counsel for another Banigala resident, Latif Khosa, accused the government of nepotism while taking action against constructions in the area. He said some part of Judicial Colony was also situated within the boundary of the botanical garden [Banigala]. But this portion was deliberately being ignored, he alleged.

However, Mr Awan insisted that Judicial Colony was situated in Murree, and not in Banigala.

While wrapping up the proceedings, CJP Nisar ordered the government to regularise constructions in the area and receive fines from the persons who had constructed structures without having their documents approved from the relevant authorities and fulfilling other legal requirements.

The hearing of the case was later adjourned till October 12.

Published in Dawn, October 2nd, 2018