ISLAMABAD: The Supreme Court (SC) on Wednesday issued notices to the Attorney General of Pakistan (AGP) in a case moved by allottees in sectors F-14 and F-15 after allowing them to become a party in the case.

A three-judge special bench consisting of Justice Munib Akhtar, Justice Mohammad Ali Mazhar and Justice Ayesha Malik had taken up an appeal against the Feb 3, 2022 Islamabad High Court (IHC) judgement that the revised policy intended to be launched in sectors F-12, G-12, F-14 and F-15 was in derogation of public interest and violative of constitutional rights of the public at large.

The apex court also ordered the registrar office to allot numbers to the petitions, and also issue notices to the AGP, to be taken up after two weeks.

A Senate Standing Committee on Housing and Works earlier had recommended that Sector F-14 be allocated by the Capital Development Authority (CDA) to the Federal Government Employees Housing Foundation (FGEHF) for a housing scheme. After meetings and deliberations, the CDA and respondent FGEHF agreed to start a housing scheme in Sector F-14.

Counsel says IHC order amounted to exercise of suo motu power

Accordingly, the Ministry of Housing and Works secretary initiated a summary on Jan 6, 2015, regarding acquisition of land for the FGEHF in F-14 and some parts of F-15 in the Islamabad Capital Territory (ICT).

The prime minister approved the summary on May 1, 2015, and notifications under Section 4 and later under Section 17 of the Land Acquisition Act of 1894 were issued by the ICT commissioner on May 20, 2015, and Dec 4, 2015, respectively.

On Sept 29, 2016, a development contract was awarded to the Frontier Works Organisation (FWO) and an award was announced by the collector on Nov 15, 2016, regarding the land in F-14.

Thereafter, the commissioner issued a notification pertaining to the land in F-15/3 and F-15/4 on June 15, 2017, and the land collector then announced the award for the land situated in revenue estates of Tarnol and Jhangi Syedan in favor of FGEHF on July 6, 2017. Finally, the allotment was made in 2021 after the first round of litigation decided by the Supreme Court for the same sectors.

However, the matter was again challenged in IHC through different petitions, which issued its judgement vide Feb 3, 2022, declaring that the housing schemes for F-14, F-15, G-12, and F-12 were unconstitutional and illegal. The allottees and FGEHF challenged the impugned before the Supreme Court.

Senior counsel Hafiz Ahsaan Ahmad Khokhar on behalf of the allottees argued that the high court had raised questions that were neither taken up by the petitioners in their petitions nor was any prayer to that effect made in the writ petitions, thus the court order amounted to exercise of suo motu power which a high court does not enjoy.

The counsel contended that being serving and retired government servants the allottees deposited the requisite amount for a long time, besides the acquisition of a housing scheme constituting a valid public purpose has already been decided for the same housing sectors by the Supreme Court.

The allottees have now become victims of this long-standing litigation when particularly the matter was earlier decided by the Supreme Court for the same housing sectors, the lawyer added.

Published in Dawn, January 19th, 2023

Opinion

Editorial

Unsustainable growth
Updated 23 Jun, 2026

Unsustainable growth

CLICHÉS are an essential part of political rhetoric. But when repeated often, they lose their impact. So when...
Banned speeches
23 Jun, 2026

Banned speeches

NATIONAL Assembly Speaker Ayaz Sadiq on Sunday formally lifted long-standing restrictions on the airing of ...
New GB government
23 Jun, 2026

New GB government

WITH the newly elected lawmakers of the Gilgit-Baltistan Assembly taking oath on Monday, the PPP looks set to head...
A costly cut
Updated 22 Jun, 2026

A costly cut

Climate risks are increasing and public investment should reflect that reality.
Guarded access
22 Jun, 2026

Guarded access

ONE of the government’s ‘novel’ proposals to snag tax evaders has collided with some harsh realities. On...
Lyari’s passion
22 Jun, 2026

Lyari’s passion

THE love for football in Lyari knows no bounds. The World Cup might be underway thousands of miles away in North...