SC Issues Notices in Land Allotment Case Against IHC's Judgment

ISLAMABAD: The Supreme Court of Pakistan has directed the publication of service notices during a hearing of petitions against the Islamabad High Court’s (IHC) judgment, which invalidated the government’s revised policy on the allotment of plots in Islamabad on subsidized rates to top judges, lawyers, and bureaucrats.

According to the details, the petitioners were successful in obtaining the plots they had requested in Islamabad’s sectors F14 and F15.

The IHC ruling had deemed it “unconstitutional” to assign plots to judges, bureaucrats, and other government workers in special districts.

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The sources added that almost 6 active judges and several retiring judges were impacted by the IHC decision.

The judgment of IHC stated that the updated policy and the plan, which is intended to be implemented in sectors F-12, G-12, F-14, and F-15, are contrary to the public interest and violate the rights of the general public that are protected by the constitution.

Besides, the IHC termed it unlawful, unconstitutional, null, and without jurisdiction, according to a ruling written by IHC Chief Justice Athar Minallah on February 3, 2021.

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The petitions were taken up on Tuesday by a three-judge special bench of the supreme court, which was chaired by Justice Munib Akhtar and included Justices Muhammad, Ali Mazhar, and Ayesha Malik.

The sources added that Hafiz Ahsaan Ahmad Khokhar spoke on behalf of the allottees who were government employees.

He noted that the decision had been rendered about a year earlier and added that it lacked legal standing because it was based on suo motu procedures.

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Furthermore, he argued that the high court had violated its constitutional authority while exercising its jurisdiction, and as a result, the challenged judgment of the IHC should be overturned.

As the case has been ongoing since 2015 and all of the allottees who are currently appellants before the SC have paid the required fee in response to the FGEHA advertising for their separate plot allotment applications, he urged that a precise date for the next hearing be provided.

However, the bench mandated that service notices to respondents be published in two national newspapers and adjourned the hearing till March 8.