ISLAMABAD: The Islamabad High Court (IHC) has given an uphill task to the Capital Development Authority (CDA) of conducting the scrutiny of the Defence Housing Authority (DHA) phases situated in Islamabad to ascertain any violation of the approved layout plan.

IHC Justice Miangul Hassan Aurangzeb issued the order while disposing of the petition filed against the alleged violation of the DHA’s layout plan, conversion of land reserved for the martyrs, differently-abled children, hospital and green belts in residential and commercial plots.

The petitioner retired brigadier Qaiser Shahzad is an ex-administrator of the DHA, who has voiced grievances against the DHA for carrying out development in violation of the layout plan approved by the CDA. His counsel Raja Inam Ameen Minhas told the court that the DHA converted amenity plots into residential and commercial plots and in this way, the approved layout plan has been violated.

He further submitted that this court has also held that mere submission of an application for the approval of a revised layout plan does not give a right to a property developer, such as the DHA, to carry out development in violation of the approved layout plan.

IHC says officials will inspect to identify any violations in the approved layout plan

Justice Aurangzeb recalled the June 3, 2024, judgement of the IHC: “It is the responsibility of the regulator/CDA to ensure that any allottee or cooperative housing society does not carry out construction or development work in violation of a layout plan duly approved by the CDA. The carrying out of the construction or development work in violation of the approved layout plan on the part of the allottee or a cooperative housing society is to be met with strict penal and regulatory measures.”

The court order stated: “The officers of the CDA, who leave unchecked such unlawful construction or development work, are liable to be proceeded against for misconduct as well as the dereliction of duty. The mere fact that a cooperative housing society submits a revised layout plan for approval does not amount to permission to carry out construction or development work in violation of the layout plan duly approved by the CDA. It is only after a revised layout plan is approved by the CDA that construction or development work can be carried out in accordance with such revised layout plan. Construction or development work carried out in violation of an approved layout plan furnishes the CDA with sufficient ground to reject the application for approval of a revised layout plan.

It went on to state: “The CDA ought not to entertain an application for revision in the revised layout plan unless compelling reasons for doing so. For instance, an extension in the size of the housing society in which case the existing layout plan under plots is already allotted should not be disturbed. Additionally, the application for approval of revised layout plan must be decided for reasons recorded in writing which shall be justiciable.”

In the instant petition against the DHA, the learned judge noted that “prior to the filing of the instant petition, the petitioner had not filed any representation to the CDA, which is the regulator in this matter and is supposed to ensure that the construction/development of a housing society/colony takes place strictly in accordance with the approved layout plan”.

“Therefore, I deem it appropriate to transmit a copy of this petition along with its annexures to [the] member (Planning) [of the] CDA, who shall treat the same as the petitioner’s representation and decide in accordance with the law after providing the petitioner an opportunity of a hearing. In order to enable the petitioner to adequately present his case, [the] member (Planning)...shall provide him with all requisite documentation, including but not limited to approved layout plan and the application for approval for a revised layout plan, if any,” directed the judge.

“In this process, the officials of the CDA shall also carry out an inspection of the site to identify the violations in the approved layout plan,” the judge ordered.

Published in Dawn, August 4th, 2024