ISLAMABAD: The Islamabad High Court (IHC) on Tuesday appointed former finance minister Asad Umar and MNAs Ali Nawaz Awan and Raja Khurram Nawaz amicus to assist the court regarding compensation for villagers affected by land acquisition.

IHC Chief Justice Athar Minallah also restrained the Capital Development Authority (CDA) from allotting plots to its employees in E-12 until those affected by land acquisition have been compensated.

While hearing identical petitions on compensation to affected landowners in E-12, Justice Minallah observed that it was “alarming that the affectees from whom land and built up properties were acquired have not been compensated despite the awards having been finalized in 1985 and 1987 respectively. It was the duty and obligation of the Capital Development Authority and the federal government to compensate the affectees without unnecessary delay.”

Court notes that prima facie delay in compensating owners of acquired land violates fundamental rights under Constitution

The court noted that prima facie “delay in compensating owners of acquired land” violates fundamental rights guaranteed under the Constitution.

Justice Minallah remarked that while several affected people were awaiting the allotment of plots as compensation for more than 30 years, many plots were allotted during this period to “officials of the Capital Development Authority and other classes otherwise than through auction.”

The counsel for the petitioners argued that the affected people ought to be prioritised because they have been forcibly deprived of property.

Justice Minallah said that the grievances of people affected by land acquisition in the Islamabad Capital Territory, particularly stemming from a failure on the part of the state to compensate them properly, besides being a violation of fundamental rights guaranteed under the Constitution raises questions of public importance.

Longstanding disputes related to compensation are therefore required to be settled at the earlier, and at the same time it is the duty of the federal government to prescribe a policy to promptly compensate those affected by land acquisition in the future, he said.

Subsequently, a court order issued on Tuesday stated: “Keeping in view the importance of the issue in hand, Mr Ali Nawaz Awan special assistant to the prime minister, Raja Khurram Nawaz, MNA and Mr Asad Umar MNA who are elected representatives from Islamabad Capital Territory and were present in the court are appointed as amicus to assist this court in the matter relating to payment of compensation to the affectees of land acquisition.”

The court has asked them to form a commission comprising the interior secretary and CDA chairman as well “to probe into the considerable delay in compensating the affectees and recommending measures for resolving the long standing claims and to ensure that such delays are avoided in future.”

Justice Minallah directed the CDA chairman to coordinate with the members and arrange their meetings, and the court expressed the hope that the commission would submit its report by June 10.

Published in Dawn, May 8th, 2019