ISLAMABAD: The Islamabad High Court (IHC) has admitted a writ petition challenging Capital Development Authority (CDA)’s proposed conversion of greenbelts into residential and commercial plots at Orchards Scheme.

The court granted interim relief to the petitioners by freezing CDA’s plans until a final ruling on the petition.

The court issued notices to the civic agency, directing it to respond within two weeks.

Four orchard farm lessees - Syed Tahseen Akhtar, Amir Awan, Mohammad Akram Farid and Syed Mohammad Mansoor Shakil - filed the petition under Article 199 of the Constitution.

Four farm lessees challenge initiative citing risks of environmental degradation such as tree-cutting and destruction of greenbelts

They alleged that the CDA’s re-planning initiative in the Orchard Scheme on Murree Road announced via a public notice on February 20, 2025 violated Islamabad’s master plan, environmental protections and constitutional rights. The petitioners argued that the CDA ignored their objections and proceeded with the project without lawful authority.

The petition highlighted the risks of environmental degradation, including tree-cutting, destruction of greenbelts and covering a natural storm water drainage system (nullah) which could exacerbate flooding.

It stated that the CDA was established under the CDA Ordinance 1960 and tasked with the planning and development of the federal capital.

Under Section 11 of the ordinance, the authority was given the mandate to prepare a master plan and a phased master programme for the development of the capital site and a similar plan and programme for the rest of the specified areas.

It said the master plan of Islamabad, originally devised by Greek firm - Doxiadis Associates - was based on a gridiron system with its north facing the Margalla Hills. The long-term plan envisioned that Islamabad would eventually encompass the city of Rawalpindi entirely and stretch to the west of the Grand Trunk Road. The fundamental grid of 2000x2000 metres divides the city into 84 sectors: each sector having four sub-sectors. The city was divided into eight basic zones, namely administrative, diplomatic enclave, residential areas, educational sectors, industrial sectors, commercial areas and rural and green areas.

According to the petition, the agro-farm schemes were also established under the CDA ordinance. As per Islamabad Capital Territory (Zoning) Regulation 1992, an agro-scheme cannot be converted into any residential or commercial use by the leaseholders and the CDA.

It, however, said the impugned action of CDA, in carving out residential and commercial plots in Orchard Scheme along Murree Road in Islamabad was also in violation of the master plan and judgements of superior courts.

It cited constitutional guarantees to a clean environment (Article 9-A), property rights (Article 24) and dignity of life (Article 14) alongside Supreme Court precedents barring unauthorised land-use changes. Notably, the petitioners referenced to the 2023 Kamran Khan vs CDA judgement in which the IHC had condemned similar “scraping the barrel” tactics to carve plots in developed sectors.

During a hearing earlier this week, Justice Sardar Ejaz Ishaq Khan admitted the petition and ordered the CDA to file its reply by April 11.

The court also granted interim relief by freezing the CDA’s plans until a final ruling.

The case underscores recurring clashes between the CDA’s development agenda and legal/environmental safeguards.

The petitioners’ counsel, Advocate Kashif Ali Malik, argued that the CDA’s actions contravened the 1960 master plan and 1992 Zoning Regulations, which restricted Zone-IV (where the Orchard Scheme lies) to agro-farming and greenbelt uses. Similar disputes, including the 2023 E-11 nullah tragedy that claimed lives due to illegal construction, were cited as warnings.

He argued that “the CDA’s actions erode rule of law and reward elite interests at the cost of ordinary citizens’ rights.”

The petition stated: “Unauthorised land conversion jeopardises lives as seen in the E-11 flooding disaster.”

The case has been relisted for May 15.

Published in Dawn, March 30th, 2025