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Tuesday April 23, 2024

Construction of Hindu temple in capital: No funds allocated, no master plan made, says IHC

Court says no construction at present is taking place at site and is unlikely to commence till CDA laws are complied

By Obaid Abrar Khan
July 08, 2020
IHC's Justice Aamir Farooq announced the judgment that was reserved a day before. Photo: File

ISLAMABAD: The Islamabad High Court on Tuesday announced its reserved judgment on pleas against the construction of a Hindu temple in the federal capital and disposed of all the petitions.

Justice Aamir Farooq of Islamabad High Court announced judgment which was reserved a day before. The order stated that the case of funding for construction of temple, community center and place for cremation of Hindu community was already referred by the federal government to the Council of Islamic Ideology and no amount had yet been disbursed as submitted by the representative of Ministry of Religious Affairs; hence the grievance of the petitioners on the specific issue stood allayed and had become infructuous for the time being.

The IHC said the contention that financing of the project by the federal government to a small Hindu population in the ICT area was a waste of public money also does not call for any finding as the matter, at present, has been halted.

The order further states that the petitioner has questioned allotment of a plot on the basis that the same is not provided for in the Master Plan. The representative of the Capital Development Authority (CDA) and counsel for the authority submitted that Sub-Sector H-9/2 had plots allocated for graveyard of minorities hence on that basis the allocation was made.

It seems that IHP which was allotted the plot did not adhere to the rules and regulations of CDA by submitting a building plan and seeking its approval leading to stopping of the construction. Even otherwise, the CDA is entitled to take appropriate action in accordance with the terms of the allotment and violation of its laws.

The court order further states that the fact remains that no construction at present is taking place at the site in question and is unlikely to commence till compliance is made with terms of allotment and CDA laws.

Thereby the CDA is yet to approve a building plan as and when the same is submitted and while doing so can holistically review the issue. It is an admitted position that no construction on any site can commence by any allottee unless it complies with the Rules and Regulations of CDA. The court disposed of petitions against the construction of temple.