Non-removal of encroachments
Rawalpindi
Severely admonishing district administration Rawalpindi for its utter failure in removing encroachments from the city, an LHC bench has directed two financial corruption investigation agencies to probe assets of the city administration officials from higher to lower cadres who were connected with the task of removing encroachments.
Further LHC bench has issued notices to chief secretary Punjab requiring him to explain that how a grade 18 officer Tallat Mehmood Gondal is holding the post of district coordination officer (DCO) and now Deputy Commissioner when it is a grade 19 post.
Justice Ibad-ur-Rehman Lodhi of the Lahore High Court (LHC) Rawalpindi Bench here Tuesday resumed hearing in a contempt of court petition where the same bench initially on May 26, 2016 had directed Rawalpindi administration to remove all encroachments from the city.
In Tuesday’s hearing when all the city administration appeared before the court and the bench inquired to them and noted their response in following words. “When inquired from all present in the court to point out as to whether any one from municipal administration or cantonment board is in a position to indicate even one locality of Rawalpindi city or Cantonment area, which is free from all encroachments, there is a complete silence in response”.
LHC bench then noted in its order “On the face of it, the public servants, responsible for removal of encroachments and to provide other municipal facilities to the citizens are guilty of abusing their positions as public servants and reportedly this is being done by accepting pecuniary advantages. There is a possibility that some public servants are living beyond their means or either they themselves or their dependents are holding properties disproportionate to their known sources of income.”
LHC order says that this required a complete probe by Anti Corruption Establishment (ACE). LHC directed ACE director Rawalpindi region to initiate probe/inquiry primarily with reference to the authorities of Rawalpindi starting from position 1 to the last that is inspector in concerned section. Similar exercise will be carried out by the federal investigation agency (FIA) with reference to the concerned Cantonment staff.
LHC bench directed the ACE and FIA to submit inquiry reports within fortnight. About Rawalpindi present deputy commissioner who is a grade 18 officer, LHC bench directed Punjab chief secretary to explain within 15 days that why the post is being held by a junior officer who is not competent to hold the same.
A petitioner Muhammad Anwar Dar advocate has filed contempt of court application for non-implementation of court orders regarding removal of encroachments from the city roads. While hearing of the case nearly all city administrators including deputy commissioner Tallat Mehmood Gondal, representatives of Pothohar and Rawal Towns, Chief executive officers of the two cantonments boards and officers of Rawalpindi Development Authority were present in the court.
Previously in this petition Justice Lodhi in September 2016 had directed city administration to extend full cooperation to the DCO in removing all encroachments permanently from the city and submit a report by December 23, 2016.
Last hearing a Barra Market trader Akbar Khan who is also General Secretary of traders union had alleged before the LHC that the enforcement staff of Rawal Town Municipal Administration (RTMA) was involved in getting bribes from encroachers on regular bases at Barra Market and in Raja Bazaar.
Petitioner Muhammad Anwar Dar through his counsel Colonel (r) Inam-ul-Rahiem advocate has been contending that the city administration virtually did not take any step forward for addressing issues in the city and whatever it did is just an eyewash. LHC bench in its judgment had directed city administration to clear the city roads and nullahs from encroachments but it did paid no heed that is against norms of law and justice, petitioner’s counsel said.