ISLAMABAD: The Islamabad High Court (IHC) has summoned the mayor in a case related to the demolition of kiosks, commonly known as khokhas, in parts of the city.

A division bench comprising Chief Justice Aamer Farooq and Justice Miangul Hassan Aurangzeb is hearing an intra-court appeal filed by more than 120 khokhaowners.

The Capital Development Authority (CDA) demolished nearly 200 khokhas in June and July as part of its anti-encroachment drives, and has plans to demolish them all over the city.

Counsel of the appellant Umer Gilani argued before the court that these khokhas serve free water, affordable food and shade to the city’s poorest residents and are integral to the fabric of the capital.

The demolition of all khokhas in the city would not only damage the livelihood of licensees, it could also endanger the right to life, he said, recalling that more than a thousand people died in Karachi during a heat wave because they could not find shade or water.

He added that the fact made it clear that khokhas have been a regulated and licensed institution in Islamabad since at least 1979. They cannot be considered encroachments by any stretch, and were issued licences by the CDA under a published policy dating back to 1986.

In 2015, he said, a National Assembly select committee ruled in their favour and most recently on Aug 28, 2017, a 55-member session of the Metropolitan Corporation Islamabad (MCI) also ruled in favour of allowing khokhas to continue serving the city’s poor.

The MCI resolution is particularly important since the issuance of kiosk licences is essentially a devolved local government matter, the appeal said.

Under Article 140-A of the Constitution read with the Islamabad Capital Territory (ICT) Local Government Act 2015, neither the CDA nor the courts can make such decisions or override the local government. Only elected local government can make such decisions related to municipal administration, it added.

The appeal also clarified the misconception that anything not expressly mentioned in Islamabad’s master plan is illegal and liable to be demolished. It said a master plan is not meant to be a comprehensive guideline to run the affairs of the city for all eternity, but only meant to contain broad outlines regarding town planning.

Municipal functions such as the licensing of khokhas fall beyond the scope of the master plan, the appeal said. If this misconception were not cleared, the construction of the IHC itself would be declared illegal since the master plan did not envisage it.

The bench summoned Mayor Sheikh Anser Aziz today (Thursday) and adjourned the hearing.

Published in Dawn, August 1st, 2019