ISLAMABAD: The Islamabad High Court (IHC) on Thursday issued a stay order against acquisition of 188 kanals belonging to two widows for the Defence Housing Authority (DHA) in Sihala, a suburb of the federal capital.

IHC Chief Justice Athar Minallah after preliminary hearing of a petition issued notices to the chief commissioner, deputy commissioner, land acquisition collector and the DHA administrator and sought their reply by June 21.

According to the petition, the land acquisition collector, Kamran Ali Cheema, on March 19, 2021, issued a notification and commenced proceedings for ‘depriving’ the petitioners of their inherited land.

The petition stated that the chief commissioner, deputy commissioner and the land acquisition collector “are public functionaries and are under legal obligation to perform their functions and to discharge their duties strictly in accordance with law. Unfortunately, they are acting otherwise, being instrumental to serve respondent No 6 [DHA].”

The petition pointed out that the DHA was established through an Act of parliament and the statute “provides that while designing, planning and executing a scheme in the specified area the DHA shall adhere to the master plan of Islamabad and to ensure that all public roads and revenue paths leading to and from their adjoining areas and to access the graveyard shall as far as possible be maintained.”

The petition said the inherited land of the petitioners could not be acquired for the DHA under section 4 of the Land Acquisition Act 1894, which gives ample powers to the district administration for acquisition of land.

“The DHA is neither a government nor a company registered under the Companies Act or incorporated by any Act of parliament or a society registered under the Society Act. Therefore, in view of its status as such, provision of land acquisition act cannot be made applicable for acquisition of land in its favour,” the petition added.

It said that the DHA was seeking acquisition of the land for a commercial joint venture with Bahria Town and Habib Rafique which was not in conformity with DHA Act 2013.

The petition requested the court to set aside the notification issued by the land acquisition collector since it was issued without any legal backing.

The IHC chief justice stayed the notification and adjourned further hearing till June 21.

Published in Dawn, June 11th, 2021