ISLAMABAD: The Islamabad High Court (IHC) on Monday stopped the Capital Development Authority (CDA) from taking over land of the affected villagers of E-12 sector.

Chief Justice Athar Minallah on a petition filed by 164 affected landowners sought reply from the CDA for not compensating the affected people in accordance with a judgment passed on land acquisition in Islamabad.

Justice Minallah authored a landmark judgement on the land acquisition earlier this year.

The judgement laid down the criteria for acquisition of land and also made it mandatory for compensating the affected landowners in accordance with the market rate.

Petition says civic agency could not pay compensation to affected landowners even after 36 years

However, the CDA challenged the judgement in the Supreme Court.

Advocate Kashif Ali Malik filed a petition on behalf of the landowners of Dharek Mori, Bhakkar Fateh Bakhsh and Bhakar Akku, E-12, stating they were being deprived of their ancestral land.

The petition pointed out that on May 2, 1985, the then CDA chairman had issued a directive to acquire the land for E-12; however, the civic agency could not compensate the owners and pay them for their built-up property (BUP) in most of the cases.

Advocate Malik argued that the power of compulsory acquisition or eminent domain had been abused by the CDA by denying to the affected property owners their acknowledged vested rights. It is a constitutional and statutory duty of the CDA and the federal government to compensate all the affected citizens whose rights stand admitted and acknowledged, he added.

He further argued that the federal government should order a probe the failure of the CDA to enforce the rights of the landowners and hold officials accountable for causing “unimaginable agony and trauma to the citizens”.

Referring to Clause 15(1) of the CDA Land Acquisition Regulation 1961, the counsel said “it makes it mandatory for the deputy commissioner CDA to pay compensation awarded to the interested persons as soon as possible after an award”.

In the present case, more than three decades have passed since the announcement of the award whereas the authority has failed to discharge its obligation to compensate the landowners as per the law and policy.

The counsel requested the court to issue directions to the CDA for compensating the affected villagers in accordance with the market rates.

Published in Dawn, October 26th, 2021