People occupy state land, approach court, get stay order: CJP

ISLAMABAD: The Supreme Court (SC) on Tuesday directed the Law and Justice Commission of Pakistan to share with Attorney General (AG) and advocate-generals of the four provinces the draft prepared for legislation to address the issues of Katchi Abadis and rehabilitation of its dwellers.

A three-member SC bench, headed by Chief Justice Mian Saqib Nisar and comprising Justice Umar Ata Bandial and Justice Ijazul Ahsan, resumed hearing in the Katchi Abadis case. Counsel for the petitioner informed the court that with the help of Law and Justice Commission of Pakistan, a draft for legislation for regularising the slum areas in the federal capital had been completed; however, he complained that the ministries concerned had not yet made any progress in this regard.

Justice Saqib Nisar noted that the judiciary had also committed some mistakes as the people first occupy government lands and construct houses and commercial plazas on them, and when the government takes action against encroachments, they approach the courts and take stay orders.

The CJP further remarked that the education and health facilities are more important than shelter. He said that it is the fundamental right of every citizen to have a residence and the state is responsible for providing facilities to the public.

The chief justice observed that in a state where people don’t pay taxes, how it will be possible for it (state) to launch welfare projects for the public in its limited resources. “I have personally visited the slum areas wherein people have illegally occupied the government and private lands and such people cannot be considered for regularising their illegal occupation,” the CJ remarked.

He observed that these people had constructed their houses as well as shops and rented them out for big rent amounts. The dwellers of these areas are enjoying facilities of air-conditioners, refrigerators and dish-antennas, etc.

“Should we give them ownership for that illegal occupation of lands?” the chief justice questioned, adding that the court could not force the state to launch welfare schemes in its limited resources.

Justice Umar Ata Bandial observed that in 1970, there was a popular slogan of ‘Roti, Kapra and Makaan’; however, not a single government so far implemented the slogan in letter and spirit.

He observed that they could only interpret the law and give direction to the government only in accordance with the law, but could not stress it to do more in its limited resources. During the hearing, Additional Attorney General informed the court that the prime minister had constituted a committee to execute the government's affordable housing scheme. Under the housing scheme, the government would construct five million low-cost houses.

The committee, headed by Secretary Housing and Works Dr Imran Zeb Khan, was assigned the task to devise a comprehensive and coherent plan of action, in consultation with relevant experts and representatives of concerned departments. The court ordered for informing it about the recommendations and proposals of the said committee and adjourned the hearing for four weeks.

On Dec 8, 2015, the Ministry of Housing and Works, National Housing Authority had issued a notification to constitute an EWG of 17 members on formulation of national policy for addressing the issues of Katchi Abadis and rehabilitation of their dwellers. After the notification, the apex court had given responsibilities to Secretary Law and Justice Commission of Pakistan (LJCP) Mohammad Sarwar Khan as convener of the EWG.