IHC issues notice to attorney general

Published
Islamabad High Court Justice Mohsin Akhtar Kayani observed that since the petitioners have challenged vires of the FGEHFA Act, therefore, the attorney general may be put on notice to get legal assistance. — IHC website/File
Islamabad High Court Justice Mohsin Akhtar Kayani observed that since the petitioners have challenged vires of the FGEHFA Act, therefore, the attorney general may be put on notice to get legal assistance. — IHC website/File

ISLAMABAD: Islamabad High Court (IHC) on Friday issued a notice to the attorney general of Pakistan in relation to a matter about acquisition of land for development of residential sectors in the federal capital.

IHC Justice Mohsin Akhtar Kayani, on a petition filed by 15 land owners against authorities of the Federal Government Employees Housing Foundation Authority (FGEHFA), observed that since the petitioners have challenged vires of the FGEHFA Act, therefore, the attorney general may be put on notice to get legal assistance.

The petitioners through advocates Raja Inam Ameen Minhas and Chaudhry Waqas said sections 15, 16, 19 and 20 of the said act are ultra vires to constitutional rights and right of fair trial.

He said under these sections, FGEHFA acquires land from villagers for development of residential sectors; the authority then determines the rate of land and in case of any objections against the price, the relevant forum is the FGEHFA itself.

According to Advocate Minhas, this is against the concept: a man cannot be a judge of his own cause.

Justice Kayani, on a lighter note, responded saying: “Then you should find a judge who never applied for plots from the FGEHFA as even judges are beneficiaries of the authority.”

The court issued notices to the FGEHFA, the district administration and attorney general and adjourned hearing till a fortnight.

Published in Dawn, July 3rd, 2021

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