SC directs govt to get CDA’s Bani Gala regularisation plan approved in two weeks

AAG assures top court entire settlement to be regularisedCJP says China progressed because it fired negligent ministersISLAMABAD: Chief Justice of Pakistan (CJP) Saqib Nisar directed the g

News Desk

News Desk

April 3, 2018

3 min read
SC directs govt to get CDA’s Bani Gala regularisation plan approved in two weeks
  • AAG assures top court entire settlement to be regularised
  • CJP says China progressed because it fired negligent ministers

ISLAMABAD: Chief Justice of Pakistan (CJP) Saqib Nisar directed the government to get the Capital Development Authority’s (CDA) regularisation plan approved by the federal cabinet in two weeks.

The CJP issued these directives while hearing the suo moto case related to illegal structures and environmental degradation in Bani Gala on Tuesday.

During the hearing, the three-member bench was told by the additional advocate general (AAG) that the CDA has finalised the regularisation plan of the area.

“The entire settlement will be regularised whereas structures made prior to March 30, 2018, will be regularised and those constructed after the date will be demolished,” the AAG assured the top court.

“There should be no illegal construction in the future,” the CJP remarked, observing that the purpose of the case is to safeguard the Korang Nullah and botanical garden.

The court then ordered the relevant authorities to get approved from the cabinet the regularisation plan in two weeks, while summoning monthly reports regarding the sewage treatment plant, report on action against illegal structures on Korang Nullah. The top court also sought submission of all cases in lower courts regarding the botanical garden to the Supreme Court.

During the proceeding, the AAG held the municipal corporation of the capital responsible for constructing structures on the Korang Nullah whereas the Zone 1 magistrate said that after sending notices to those who have constructed illegal structures, the structures will be abolished.

The chief justice remarked that someone messaged him in the morning informing him of the reason behind China’s progress: the country fired around 400 ministers as it took action against all those found negligent.

At the last hearing, the top court had ordered the authorities concerned to submit by next Tuesday recommendations on resolving the issues of Rawal Lake, while issuing notices to owners of 11 properties bought on lease and had remarked that they will not let public interest cases be delayed.

Justice Nisar, while detailing the highlights of the case, said one issue pertains to the encroachments in the botanical garden, the other on whether illegal structures should be penalised or regularised and the last and most important pertains to ensuring cleanliness of Rawal Lake.

In 2017, the apex court was informed of over a hundred illegal structures, including Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan’s residence in Bani Gala by the Capital Development Authority (CDA). On the February 22 hearing, Imran’s counsel in lieu of the court’s directions had submitted Bani Gala estate’s building plans.

On February 28, Additional Attorney General (AAG) Nayyar Rizvi while submitting a report in the SC had said that he could not verify the no-objection certificate (NoC) submitted by the PTI chairman for the construction of his residence in the federal capital.

The case is based on a suo motu notice which originated from Imran’s petition seeking the court’s intervention to stem illegal construction and environmental degradation in Bani Gala.

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