LAHORE: The government has notified the ordinance promulgated by the Punjab governor to constitute a high-level commission to look into the affairs of illegal housing schemes, including those developed or being developed on the green areas and regularise them in the public interest.

“There are various types of illegal housing schemes/societies/projects in Lahore and other cities. These include developed in residential and industrial areas without approval of the competent authority and those made in the green areas that cannot be approved under the master plan. Let see what the commission to be constituted by the government in the light of the ordinance do in this regard (sic),” said an official source.

According to the notification, the ordinance has been titled “The Punjab Commission for Regularization of Irregular Housing Schemes Ordinance 2021”.

“The PA in Punjab is not in session and the governor of Punjab is satisfied that circumstances exist which render it necessary to take immediate action. So in exercise of power conferred under clause 1 of the article-128 of the constitution, the governor is please to make and promulgate this ordinance (sic),” reads the ordinance notified by the government.

It wants the government to establish and notify the commission for carrying out the purposes of this ordinance. The composition of the commission shall comprise of a chairperson (a retired judge of the supreme court or high court in consultation of the LHC CJ), a town planner, a civil engineer, an environmental experience, legal expert and any other expert / professional.

The commission, under the ordinance shall have the power to impose fine upon sponsors/developers of illegal schemes, recommend disciplinary action against the officers/officials responsible for the establishment of irregular schemes, regularise any non-conforming land use on which the irregular schemes exist, decide all such cases, which don’t fall under the applicable laws and recommend amendments to the applicable laws and the rules, call for record of any land from the relevant government agencies, summon any officer of the relevant government agency to produce requisite record/information and provide assistance and summon the owners/developers/sponsors of the irregular housing schemes or the persons having interests therein or any other person required for the purpose of disposal of the matter under consideration.

In the discharge of the functions under the ordinance, the commission shall have the powers as vested in the civil court under the code of civil procedure 1908. All proceedings of the commission shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the code of criminal procedure 1898. It will decide each application preferably not later than 90 days of the date of initiation of the proceedings.

LDA Vice Chairman S.M. Imran said the LDA’s commission constituted in the past had also powers to deal with such cases. But, unfortunately, the LDA didn’t send it the cases related to regularisation of the irregular schemes. “After constitution of this commission through ordinance, the LDA’s bona fide commission may not have power to look into the cases to the extent of irregular housing schemes,” he explained, adding that the commission, under this ordinance, might also regularise the schemes existing in green areas across Punjab.

Published in Dawn, April 14th, 2021