ProPropertyNewsIHC Orders CDA to Retrieve State Land from Private Citizens in Sector F-11

IHC Orders CDA to Retrieve State Land from Private Citizens in Sector F-11

ISLAMABAD: The Islamabad High Court has issued a directive to the Capital Development Authority (CDA) to reclaim state land from private citizens in sector F-11.

The decision was made after hearing a petition against those who had acquired land through adverse possession and had not returned it to CDA despite receiving compensation.

According to CDA’s counsel, out of 322 individuals, only 15 were eligible to receive land as compensation for Built-Up Properties (BuP) based on an award dated October 10, 1985.

He added that once the CDA had confirmed that the BuP had been handed over to them, compensation land would be allotted to the eligible individuals.

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However, the member estate of the CDA informed the court that the verification process of BuP possession was met with stiff resistance from residents. At times, lower courts issued restraining orders.

During the hearing, Justice Babar Sattar expressed concern over lower courts issuing stay orders in a matter that was already pending before the high court.

He directed the chairman of CDA to verify the possession of the BuP and submit a report to the court by March 28.

The court’s decision is expected to impact land ownership in sector F-11 and will likely have far-reaching implications for those who acquired state land through adverse possession.

Earlier, the Chairman CDA ordered a survey to be conducted to assess the damage caused to buildings in Islamabad following the earthquake that struck on Tuesday

Comments

  1. The big lords are involved in F 11 G 12 F12 possession, nothing will come out.Ours is country of two laws.Was any action taken against those who abrogated the constitution many times?

  2. Nice verdict but would CDA also take encroached land of National Wildlife Park used as Golf Course, where a similar verdict from IHC exists, let’s see if this civilian authority has the guts to do so ?

  3. Land aquisation act must be abolished or amended as per norms of justice.
    If CDA is acquiring lands for commercial purposes this must be taken yo task. The owners have right on lands to use them or retain them as they are pleased to. If CDA or other government authorities like housing authority etc need land to develop on modern lines they must be bound by law to treat the owners as major legitimate partners. The authorities must purchase the land with a free will of the owner on market rates or they only should be allowed to prepare and implement layout plans and award the plots against land to the owners. The authorities must only be liable to claim service charges from he owners for the development of land. However, all the ploys must be alloted to the original owners who could later sale those for their own benefits in open market.
    03465006000
    Pir M9hammad Emran

    1. Sorry for spell mistakes. Yo means to
      he owners must be read as the owners
      And ploys was written as plot instead.

      1. The same exercise has been done in the past without completely removing the encroachment.
        It has to be done completely or no need to create partial ruins and few displaced people.

  4. Hopefully, all concerned authorities, like, IHC, CDA, all coutr and the ICT administration would ensure implementation of the IHC’s decision in letter and spirit and there would be no ifs and buts to escape responsibility of finding ways to put the judgment in to the dustbin. It would significantly reduce the costs of such unnecessary protracted litigation, waste of precious time as well as limited financial resources of common citizens,, establish writ of the State by making stern measures that in future no body even thinks to misuse his authority on any pretext. It serves as a beacon of light to end the mistrust created over past seven decades that there are two sets of laws for the elite of this State and the other for the poor Pakistanis who are reportedly punished severely on even trivial matters. Let’s hope for the best and await to see whether even after elapse of seventy five years of independence we have grown up as a responsible Nation and State or still living in the dark ages.

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