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Thursday April 25, 2024

IHC orders removal of all encroachments from Islamabad

By Faisal Kamal Pasha
May 24, 2018

ISLAMABAD: Justice Shaukat Aziz Siddiqui of the Islamabad High Court (IHC) here on Wednesday directed the Capital Development Authority (CDA) to indiscriminately remove encroachments from the federal capital whether made by security institutions or media houses operating from the residential areas and involved in non-conforming use of the properties.

The IHC bench remarked that whether these are visible or invisible powers, they have to respect laws. A top security institution in G-7 has encroached upon a vast tract of land while media houses who propagate enforcement of law should also respect the law, the IHC bench remarked. The media houses operating from the residential areas could get their licences cancelled, Justice Siddiqui warned The IHC bench was hearing in the identical petitions against encroachments in Islamabad. The IHC bench directed the Federal Investigation Agency (FIA) to clear the service road that it has occupied on the pretext of security at its Iqbal Town office.

Justice Siddiqui directed the CDA to ensure that all parts of the city that have been encroached upon by different government departments or agencies be cleared without any kind of discrimination. About media houses, the CDA informed the court that some television channels are operating from the residential units. The IHC bench directed the CDA to initiate indiscriminate action against all encroachers. Separately in another case, the same IHC bench vacated a stay order that had been intact for many years and under which petrol pumps and wedding halls were using direct access from Islamabad Expressway instead of service roads. The IHC bench was hearing petitions of two fuel station owners. The CDA counsel Kashif Ali Malik told the court that in 2008, CDA had published advertisments for setting up fuel stations at the road sides of the Islamabad Expressway.

Initially the plan was to provide access to the filling station from service roads but later they were given temporary permission to use direct access from the main road. This permission was conditional that CDA could cancel at anytime. When the CDA cancelled the permission, the owner of the fuel stations went to the IHC and obtained a stay order that was intact till date.

Advocate Kashif Ali Malik said that due to this direct access, there is traffic mess on the road and several accidents also routinely happen. Justice Siddiqui while vacating the stay order directed the CDA to close direct access of the fuel stations and wedding halls and provide them access from the service road.

He also directed the civic body to restore greenery in the encroached areas. About who granted the temporary permission, the IHC bench said this matter should be referred to the National Accountability Bureau.