ISLAMABAD: The Supreme Court has ruled that agro farms in the capital must have a covered area of 9,500 sq ft and directed the Capital Development Authority (CDA) to take action against farmhouses built on excessive land.

In a summary presented before the SC, the CDA had asked for some relief for allottees who have already built farmhouses spread over more than 12,000 sq ft with the CDA’s permission. However the SC rejected the plea and said 9,500sq ft is the permissible area.

A three-member bench headed by Chief Justice Mian Saqib Nisar was hearing a case related to Islamabad’s farmhouses, which were originally allotted by the CDA for farming purposes to meet the city’s requirements. In many cases however, allottees have built large bungalows instead of focusing on farming.

CDA’s plea for relief to farmhouse owners who have completed construction on excessive land rejected

The SC ruled on Tuesday that only 9,500 sq ft of covered area was allowed and the CDA should begin action against farmhouses violating the apex court’s orders after giving a six months deadline.

During the course of the hearing, the chief justice remarked that these farmhouses were meant for kitchen gardening and producing vegetables, but allottees had violated the spirit of the allotments by building huge homes.

The SC also asked how and why the CDA had permitted a 12,500 sq ft covered area in the past.

In the 80s, the CDA had allowed 2,250 sq ft covered area for 2.5 acre farmhouses. The covered area allowance was increased to 4,850 sq ft in 2003, and then to 10,000 sq ft in 2004.

In 2013, the SC took notice of the CDA’s “generosity” to owners of farmhouses and directed the chairman to restore all 504 farmhouses to the status of agricultural land.

The land for these farmhouses had originally been awarded to people displaced by the development of the city, to rehabilitate them and ensure they grew agricultural produce to meet the needs of Islamabad residents.

However, locals gradually sold the farmlands to wealthy individuals who built large homes there instead.

Following SC orders, the CDA had on April 2013 restored its previous bylaws for agro farms, with a maximum permissible covered area of 4,850 sq ft.

However, when the CDA discussed the issue again last year, it decided to allow 9,500 sq ft of covered area subject to SC approval.

“The SC endorsed our summary of allowing 9,500 sq ft covered area, but rejected our plea for those allottees who have already completed construction on an area greater than 9,500 sq ft,” CDA Building Control Director Faisal Naeem, who attended the hearing, said.

He said the SC has given allottees who have constructed on more than 9,500 sq ft six months to remove the construction on the additional area, otherwise the CDA will begin action against them.

Mr Naeem said the SC has also directed the CDA to charge allottees if they want to build basements in their farmhouses.

We will follow the SC orders to remove the structures built on excessive areas after the six month period, he said.

According to records from 2013, when the AC took suo motu notice, several influential individuals emerged as the owners of palatial farmhouses.

They include former military dictator Gen Pervez Musharraf, former prime minister Shaukat Aziz, former Senate chairman Mohammad Mian Soomro, PML-Q chief Chaudhry Shujaat Hussain, Senator Wasim Sajjad, former senator Dr Shahzad Waseem, Makhdoom Amin Fahim, Raja Nadir Pervez and several retired army officers.

Published in Dawn, June 6th, 2018