BHC declares clauses of Quetta DHA Act unconstitutional

Published December 17, 2020
The Balochistan High Court (BHC) on Wednesday declared certain clauses of  the Defence Housing Authority (DHA) Act unconstitutional and null and void. — BHC website/File
The Balochistan High Court (BHC) on Wednesday declared certain clauses of the Defence Housing Authority (DHA) Act unconstitutional and null and void. — BHC website/File

QUETTA: The Balochistan High Court (BHC) on Wednesday declared certain clauses of the Defence Housing Authority (DHA) Act unconstitutional and null and void.

A BHC bench headed by Chief Justice Jamal Khan Mandokhail and also comprising Justice Naeem Akhtar Afghan, Justice Hashim Khan Kakar, Justice Abdul Hameed Baloch and Justice Abdullah Baloch announced the verdict after completing the hearing of a constitutional petition filed by lawyer Kashif Kakar challenging the DHA Act, 2015.

The chief justice read out the verdict after listening to the final arguments from both sides and declared Clauses 2-q, 6b 1-14 and 14b of the Quetta DHA Act, 2015, null and void, saying these clauses were in clash with the Constitution of Pakistan.

The bench also declared the permission granted to the executive board of the Quetta DHA for use of some specific area null and void.

The court also declared the permission granted for acquiring land for the Quetta DHA unconstitutional.

The judgement said that only the federal and provincial governments could acquire land in the interest of the people and the-then government had no authority to grant powers to any government or private institution for acquiring land.

The court said that instead of allowing a government institution, priority was given to a non-governmental institution for acquiring land. The judgement said the legislature had the right to legislate or amend a law but it should not clash with the clauses of the Constitution.

The court said the way legislation was done for the DHA Act shows the incompetence of the then government and members of the assembly.

Published in Dawn, December 17th, 2020

Opinion

Editorial

Football elections
17 Nov, 2024

Football elections

PAKISTAN football enters the most crucial juncture of its ‘normalisation’ era next week, when an Extraordinary...
IMF’s concern
17 Nov, 2024

IMF’s concern

ON Friday, the IMF team wrapped up its weeklong unscheduled talks on the Fund’s ongoing $7bn programme with the...
‘Un-Islamic’ VPNs
Updated 17 Nov, 2024

‘Un-Islamic’ VPNs

If curbing pornography is really the country’s foremost concern while it stumbles from one crisis to the next, there must be better ways to do so.
Agriculture tax
Updated 16 Nov, 2024

Agriculture tax

Amendments made in Punjab's agri income tax law are crucial to make the system equitable.
Genocidal violence
16 Nov, 2024

Genocidal violence

A RECENTLY released UN report confirms what many around the world already know: that Israel has been using genocidal...
Breathless Punjab
16 Nov, 2024

Breathless Punjab

PUNJAB’s smog crisis has effectively spiralled out of control, with air quality readings shattering all past...