The Islamabad High Court (IHC) has annulled the regulations that allowed the Capital Development Authority (CDA) to convert greenbelts into residential plots. IHC Justice Sardar Ejaz Ishaq Khan delivered the ruling.
The decision came in response to petitions filed by residents of Sector G-11, who challenged the CDA’s actions to create new plots on greenbelts adjacent to their neighborhood. The petitioners, represented by Barrister Umar Gillani, argued that the CDA’s move violated the established layout plan of their area, which had been finalized in the 1990s.
Justice Khan declared the CDA’s regulations illegal and ordered the demolition of houses built on such plots since 2021. The court emphasized that the creation of these plots disrupted the tranquility and visual appeal of the area, depriving residents, particularly children, of open spaces for recreation.
Barrister Gillani contended that the CDA’s actions amounted to “china-cutting,” a term used to describe the illegal carving out of plots in urban areas. He argued that these developments posed a life hazard by increasing the risk of flooding, citing a tragic incident in 2021 in Sector E-11, where flooding resulted in the loss of a woman and her child.
The petitioners invoked Article 9 of the Constitution, which guarantees the right to life, to challenge the CDA’s actions. They argued that the new plots violated this right by compromising the safety and quality of life in their community.
In its defense, the CDA relied on the “Regulation of Amendment in Layout Plan 2019,” which purportedly granted it broad powers to amend sector layout plans. The CDA claimed that the new plots were created following these regulations.
However, Justice Khan criticized the CDA for altering the layout plans after they had been finalized. He noted that such actions undermined the certainty and stability that property owners rely on when investing in their homes.
The court’s judgment highlighted the CDA’s failure to develop new sectors on available land, instead opting to exploit small spaces in already developed areas. This approach, the court noted, altered the “character of the residence” for existing homeowners, which was impermissible after a layout plan’s approval.
The court ordered the demolition of a house under construction on one of the contested plots, with instructions to clear the debris within 30 days. The judgment also affirmed the rights of allottees of the illegal plots to seek compensation from the CDA through separate legal proceedings, including claims for “tort of breach of public duty.”