LAHORE: The commission being constituted under an ordinance to legalise illegal housing schemes, including those falling in green areas, can be challenged in courts, says a lawyer.

Lawyer Zafar Iqbal Kalanauri calls the ordinance unlawful, unconstitutional, and unethical that was prepared and issued a certain class of society. “Though, it is written in the ordinance that no court shall take cognizance of any matter covered under its provisions, the ordinance, the composition of the commission and the decision taken by it to regularize illegal housing schemes can be challenged in the high court under article 199 of the constitution,” he explained. “However, its decision cannot be heard by the lower courts (civil and session courts) under this ordinance,” he clarified.

He calls the ordinance contradictory to the Supreme Court of Pakistan verdicts under which the FIA and other organizations concerned have been conducting audits of illegal housing schemes for a long time. “The most important thing is the intention behind introducing such ordinance. And this is a malafide one since it facilitates a certain class involved in developing housing schemes unlawfully in green and other areas,” Mr Kalanauri maintained.

The ordinance states the commission will have complete legal immunity, as no court will have jurisdiction to hear the cases challenging decisions of the commission. Moreover, the members of the commission will have the protection of any act done related to regularizing the illegal schemes in Lahore and other Punjab cities.

According to the Punjab Commission for Regularization of Irregular Housing Schemes Ordinance-2021 (XVII of 2021), the members of the commission, under section 10, shall be indemnified from any act done, the function performed of power exercised in good faith.

“No court shall take cognizance of any matter covered under the provision of this ordinance,” reads section 11 titled “Jurisdiction of Courts Barred” reads. The government, under section 12, may make rules for carrying out the purposes of the ordinance. Similarly, the commission, which will be headed by a retired judge of the Supreme or High Court, may make regulations for carrying out purposes of the ordinance under section 13. “The provisions of this ordinance, under section 14 shall have effect notwithstanding anything contained in any other law for the time being in force,” it said.

Discussing imposition of a fine on which various categories of illegal housing schemes/land subdivisions can be legalized, the ordinance mentions that the schemes developed/being developed on the non-conforming land (including those falling in green areas) may be regularized after paying two percent of the residential value as per applicable valuation table.

Similarly, the schemes without parks or open spaces can also be legalized after paying of fine equaling to two times the value of deficient land as per residential value in the applicable valuation table. The housing projects missing graveyards can be legalized upon payment of fine equaling to two times the value of deficient land as per residential value in applicable valuation table or provide alternate land within a radius up to 5km from the irregular housing scheme.

The schemes without public buildings may be legalized upon payment of the fine equaling three times the value of deficient land as per the applicable residential valuation table. Moreover, the illegal societies/ schemes having access road width less than the required planning standard can also be regularized upon widening of the access road. And in case of non-availability of land, as determined by the commission, the amount equaling to three times the value of deficient land as per applicable residential valuation will liable to be paid as a fine. Finally, the schemes having internal road width less than the prescribed standard can be legalized upon payment of fine equaling two times the value of deficient land as per the applicable residential valuation table.

Lahore Conservation Society Secretary Ajaz Anwar called the ordinance a bid to mint money by regularizing the illegal schemes. “I am surprised that they issued an ordinance to legalize illegal acts besides barring jurisdiction of the courts. It seems if they (the government and other stakeholders) have allegedly received money already for regularizing illegal works,” he deplored.

Chief Secretary Jawad Rafique Malik was not available for comments.

Published in Dawn, April 23rd, 2021