SC gives CDA three days to recover land grabbed by top PPP senator
January 12, 2011
ISLAMABAD: The Supreme Court on Tuesday directed the chairman of the Capital Development Authority (CDA) to retrieve within three days possession of 80 kanals of prime land grabbed by the Leader of the House in the Senate, Syed Nayyar Hussain Bukhari, and his relatives in Bani Gala.
A three-member bench, comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice Ghulam Rabbani and Justice Khalilur Rehman Ramday, issued the order while hearing a suo motu case initiated on a letter of Pakistan Tehrik-e-Insaf chief Imran Khan, written to the chief justice against the illegal occupation of land in Bani Gala by Senator Nayyar Bukhari and his relatives.
In his letter to the chief justice, Imran Khan had said that with the connivance of CDA officials, Nayyar Bukhari and his relatives had occupied a civic body’s land. Appearing on notice, Nayyar Bukhari contended that he had not occupied any state land. He said some people were defaming him on political basis. He said he had not grabbed any land in Bani Gala, however, his family owned some land there legally.
The PPP leader said the 80 kanals of land, which Imran Khan had mentioned, was not in his control, and if it was, the CDA could take it anytime. He informed the court that Imran’s own house in Bani Gala was in a prohibited area. Upon this, Justice Khalilur Rehman Ramday said: “You are in government, and why do you not take action against him, if it is so?”
During the hearing, the court noted Bukhari himself could not reject the charge of illegal occupation and it had to be rejected by the CDA chairman. The court informed him that the CDA chairman himself had admitted during a chamber hearing that the state land was occupied by him and his relatives.
Bukhari then told the court that Imran Khan himself had occupied CDA’s land illegally. He said Khan was occupying the state land of over 700 kanals. “You are an elected member of parliament, therefore, it is your duty to stop illegal construction on the CDA’s land,” Justice Ramday told Bukhari.
Appearing on the notice, CDA Chairman Imtiaz Inayat Elahi also rejected some contents of Imran Khan’s letter, which he wrote to the chief justice. Justice Iftikhar asked the CDA chairman as to why he had not retrieved the land from the illegal occupants. Imtiaz Elahi, however, submitted that there were some technical problems, as the land was acquired and purchased by the CDA in mid 60s, but locals of the area had not vacated it till now.
He said the issue of ‘Shamlaat’ was yet to be resolved, adding there was 154 acres of land in the possession of Bukhari and his family. The chief justice expressed dismay on Imtiaz Elahi’s failure to retrieve the state land from the illegal occupants, observing: “This is a simple issue, but you (CDA chairman) are creating complexities. Why you are creating a favourable situation for the few influential people.”
Justice Ramday told Imtiaz Elahi that it was sheer negligence on his part as to why he had left such a valuable land for occupation. Meanwhile, the court directed the CDA chairman to retrieve the land within three days, and adjourned the hearing till January 14.
A three-member bench, comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice Ghulam Rabbani and Justice Khalilur Rehman Ramday, issued the order while hearing a suo motu case initiated on a letter of Pakistan Tehrik-e-Insaf chief Imran Khan, written to the chief justice against the illegal occupation of land in Bani Gala by Senator Nayyar Bukhari and his relatives.
In his letter to the chief justice, Imran Khan had said that with the connivance of CDA officials, Nayyar Bukhari and his relatives had occupied a civic body’s land. Appearing on notice, Nayyar Bukhari contended that he had not occupied any state land. He said some people were defaming him on political basis. He said he had not grabbed any land in Bani Gala, however, his family owned some land there legally.
The PPP leader said the 80 kanals of land, which Imran Khan had mentioned, was not in his control, and if it was, the CDA could take it anytime. He informed the court that Imran’s own house in Bani Gala was in a prohibited area. Upon this, Justice Khalilur Rehman Ramday said: “You are in government, and why do you not take action against him, if it is so?”
During the hearing, the court noted Bukhari himself could not reject the charge of illegal occupation and it had to be rejected by the CDA chairman. The court informed him that the CDA chairman himself had admitted during a chamber hearing that the state land was occupied by him and his relatives.
Bukhari then told the court that Imran Khan himself had occupied CDA’s land illegally. He said Khan was occupying the state land of over 700 kanals. “You are an elected member of parliament, therefore, it is your duty to stop illegal construction on the CDA’s land,” Justice Ramday told Bukhari.
Appearing on the notice, CDA Chairman Imtiaz Inayat Elahi also rejected some contents of Imran Khan’s letter, which he wrote to the chief justice. Justice Iftikhar asked the CDA chairman as to why he had not retrieved the land from the illegal occupants. Imtiaz Elahi, however, submitted that there were some technical problems, as the land was acquired and purchased by the CDA in mid 60s, but locals of the area had not vacated it till now.
He said the issue of ‘Shamlaat’ was yet to be resolved, adding there was 154 acres of land in the possession of Bukhari and his family. The chief justice expressed dismay on Imtiaz Elahi’s failure to retrieve the state land from the illegal occupants, observing: “This is a simple issue, but you (CDA chairman) are creating complexities. Why you are creating a favourable situation for the few influential people.”
Justice Ramday told Imtiaz Elahi that it was sheer negligence on his part as to why he had left such a valuable land for occupation. Meanwhile, the court directed the CDA chairman to retrieve the land within three days, and adjourned the hearing till January 14.
