ISLAMABAD: The Islamabad High Court (IHC) is examining powers of the adjutant general (AG) of the General Headquarters to cancel allotment of plots and freeze properties in the Defence Housing Authority (DHA).
The question of the AG’s power, who is the president of the DHA by virtue of his post, to cancel allotment of plots and place caution on the properties in the military- controlled housing scheme has been raised on a petition filed by former secretary of DHA retired Col Ejaz Hussain.
Mr Hussain, after his retirement from service in December 2012, was appointed as secretary in DHA Islamabad-Rawalpindi commonly known DHAI-R on a contract basis for three years from December 2012 till November 2015. However, his contract was extended on a yearly basis from December 2015 to August 2019.
During the service in the DHA, he obtained two plots. He said that other office-bearers of the DHAI-R were also allotted plots in the housing scheme.
Petitioner alleges DHA cancelled allotment without legal backing
However, the authority refused to give him no objection certificate in 2019 when Mr Hussain intended to sell the two plots.
Upon query, he learnt that allotment of his plots had been cancelled and properties owned by him and his family members had been placed under caution and they could not transfer ownership of properties.
In his petition, Mr Hussain has nominated the AG, director general, Rehabilitation and Works Directorate of the GHQ and administrator and secretary of the DHAI-R as respondents.
According to the petitioner, “imposing ban /caution/forfeiture of property/attachment of property/cancellation of property in not under the purview/jurisdiction of DHAI-R”. The petition says that the DHA can cancel allotment of a plot after completing the codal formalities and giving a proper opportunity of hearing to an allottee as prescribed in Section 17 of the DHAI-R Act, 2013.
It says that the investigation agencies like National Accountability Bureau and Anti-Narcotics Force and Federal Board of Revenue have been empowered under their respective statutes to attach or place caution on properties through court for a limited time but the DHA placed his and family members’ properties under caution without any legal backing.
During the course of hearing of the case, the lawyer representing the DHA told the IHC that the management of the housing authority did not attach the properties on its own, but a letter issued by the AG ordered so.
Initially, the GHQ was not cited as respondent in this matter. However, after these revelations, the court asked the petitioner to implead it as a necessary party.
According to the counsel representing the GHQ, Mr Hussain was facing an inquiry in connection with irregular approval of a commercial plaza.
Mr Hussain’s counsel Raja Inam Ameen Minhas argued that the GHQ and the DHA were working in accordance with the Pakistan Army Act and the Defence Housing Authority Act, respectively. He said that under the law, the military authorities could not initiate an inquiry against a retired army official working in another organisation unless he was involved in certain crimes like espionage or inciting an army official to sedition.
The IHC division bench comprising Justice Mohsin Akhtar Kayani and Justice Saman Rafat Imtiaz heard the matter and adjourned further hearing till second week of February.
Published in Dawn, December 23rd, 2021
