ISLAMABAD: Chief Justice of Pakistan (CJP) Mian Saqib Nisar on Wednesday directed the Capital Development Authority (CDA) and the district administration to remove encroachments along Korang Nullah within 15 days.

After examining the report of Survey of Pakistan regarding encroachments, the CJP had directed the CDA the district administration on Oct 1 to remove the encroachments from Korang Nullah and Banigala.

Next day hundreds of CDA enforcement officials backed by police turned back after demolishing a small portion of a large home, in what was supposed to be a grand operation against illegal construction along the Nullah Korang.

On Wednesday a three-member bench, headed by CJP, while hearing the case refused to give stay order to petitioners but allowed them to file review petitions.

SC refuses to give stay order to petitioners but allowed them to file review petitions

The CJP also warned the lawyers not to insist on delaying the operation otherwise court could order their removal without giving any deadline.

Shah Khawar, counsel for some of the residents, whose houses have been included in the list of encroachments, said he wanted to assist the court over the issue especially regarding report submitted by the Survey of Pakistan. He also said that he wanted to discuss the issue once again.

Another counsel Siddique Baloch said that his client’s house was far from the nullah but it was being demolished.

He said his client purchased a small piece of land and constructed a house. Advocate Khawar while talking to Dawn said CDA was adamant to holding operation against the constructions near Korang Nullah, though the written order of the court had not been issued as yet.

“On Wednesday some lawyers, including me, requested the court to give three months time for vacating the encroached land.

“The CJP said that he could give the time on the condition that lawyers would have to give assurance in writing that they would not file a review petition,” he said.

“As we disagreed, so court directed to remove the encroachments within 15 days. Now we have decided to file review petitions,” he said.

The court observed that it was the job of the government to regularise all properties located in Banigala, and the prime minister should be the first person to pay the regularisation fee.

The Survey of Pakistan report claimed that 21 square kilometres area was covered during survey and it was revealed that over 600 kanals of land was occupied by the encroachers.

The Survey informed the court that garbage in the Rawal Dam had stopped the flow of water to filtration plant.

Published in Dawn, October 4th, 2018

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Rule by law

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