ISLAMABAD: Islamabad High Court (IHC) has observed that the Supreme Court’s nod for regularisation of unauthorised constructions in Banigala and the Grand Hyatt plot has opened a floodgate of petitions, seeking regularisation of illegal buildings in other areas of the federal capital as well.

The observation was passed by a two-member bench of the IHC in a judgement on a petition seeking regularisation of buildings constructed in 2005 on a plot earmarked for a park.

The order passed by the bench, comprising IHC Chief Justice Athar Minallah and Justice Miangul Hassan Aurangzeb, said: “It is noted that the regularisation of ‘Constitution One’ [Grand Hyatt] and the illegal buildings constructed in the protected areas of Banigala and Mohra Noor has created an awkward situation, which is pleaded as ground for regularising of illegal construction throughout the area comprising Islamabad Capital Territory. This Court [IHC] has been inundated with constitutional petitions seeking the same relief.”

Last year, a Supreme Court bench headed by then chief justice of Pakistan Mian Saqib Nisar ordered regularisation of illegal constructions in Banigala and the Grand Hyatt Hotel.

Govt directed to clarify why illegal construction carried out in violation of laws in other parts of Islamabad may not be regularised as well

The IHC, however, was of the view that the Supreme Court’s decision in both the matter was a result of improper assistance by the relevant stakeholders.

The IHC order read: “It appears to us that in both the cases proper assistance was not extended to the august Supreme Court.”

Earlier, a single-member bench and a two-member division bench of the IHC held that construction of residential apartments on a plot meant for Grand Hyatt Hotel was illegal. Likewise, IHC’s larger bench in Shahzada Sikandarul Mulk case declared unauthorised structures in Banigala as illegal.

The bench had also formed a high powered commission to examine the cases for regularisation of illegal constructions in Banigala and Mohra Noor as well.

CDA’s former legal adviser Kashif Ali Malik, who pursued the Constitution One case in the IHC and was opposing regularisation of illegal constructions in Banigala, was compelled to resign a couple of months ago.

In Sikandarul Mulk case, IHC focused on the environmental degradation and climate change.

In its order dated March 7, 2019, the IHC noted: “The federal government, through its policy and conduct, is under obligation to dispel the impression that the regularisation policy is restricted to and is formulated for the privileged classes only. It is the duty of the federal government to satisfy this Court that the policy regarding regularisation of construction made in violation of the enforced laws is for every citizen and not only for a few.”

Subsequently, the IHC accepted a request for adjournment of the case and directed the federal government to “unequivocally state its policy on the next date of hearing”.

It added: “The federal government is expected to satisfy this Court that why all similarly placed persons may not be treated equally or that why illegal construction carried out in violation of the aforementioned laws within 1,400 sq miles of the Islamabad Capital Territory may not be regularised by treating them at par with the regularisation of Constitution One and the buildings within the area of Banigala and Mohra Noor.

“The federal government and the Capital Development Authority are directed to submit their respective reports before the next date of hearing. The [registrar] office is directed to re-list the appeal on April 4, 2019,” the order concluded.

Published in Dawn, March 10th, 2019