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ISLAMABAD: The Federal Constitutional Court (FCC) on Thursday directed the Capital Development Authority (CDA) to ensure within four weeks formulation of regulations for informal settlements in the federal capital.
A two-member FCC bench comprising Chief Justice Aminuddin Khan and Justice Arshad Hussain Shah heard the case concerning informal settlements (Kutchi Abadis) in the federal capital Islamabad.
In the year 2015, a petitioner namely Asim Sajjad had filed a petition in the court seeking right to housing for dwellers of slum areas of the federal capital, contending that provision of living facilities was state’s responsibility. On Thursday, the court gave last chance to the civic body to formulate proper regulations for informal settlements and directed the CDA Board to ensure it within four weeks.
During the course of hearing, Chief Justice Aminuddin Khan questioned why regulations for informal settlements had not been made so far. Chaudhry Aamir Rehman, the Additional Attorney General, stated that the delay occurred due to a change of the CDA chairman. He added that a draft is ready and will be approved in the next board meeting.
The chief justice asked whether any land has been allocated for informal settlements in Islamabad. The Additional Attorney General responded that the CDA master plan does not recognise informal settlements. He further stated that on humanitarian grounds, settlements established until 1995 were recognised. Faisal Siddiqui, counsel for the petitioner, argued that despite policies announced in 2001 and 2016, people are still being evicted from their homes.
Qasim Chohan, counsel for the Capital Development Authority (CDA), however, argued that land allocated in the name of informal settlements is being misused. He contended that one person cannot be given separate houses for 10 children. He added that even after being given alternative land, people did not vacate previous locations, creating difficulties for the civic body.
He informed the court that the CDA recognised 10 informal settlements in the capital in which the dwellers were adjusted after giving them plots. Similarly, he told the court that there are about 31 illegal informal settlements in the public greenbelts.
Faisal Siddiqui submitted that over 400,000 people live in informal settlements and that the master plan acknowledges that nearly 50pc of Islamabad’s population resides in such areas. He also submitted that demolitions are happening overnight.
The Additional Attorney General claimed that most informal settlements are controlled by mafias who occupy land and later sell it. Meanwhile, the court adjourned the hearing for four weeks while giving the CDA time to frame regulations.
Meanwhile, the Federal Constitutional Court on Thursday referred the case of medical students to the Pakistan Medical and Dental Council (PMDC), directing it to review the issue in three weeks in accordance with the law and regulations.
A two-member bench headed by Chief Justice Aminuddin Khan heard the case of medical students admitted to medical colleges with the approval of the PMDC.
Jehangir Jadoon, counsel for the PMDC, argued that colleges had obtained stay orders from the High Court. The Chief Justice said that the court will only consider the law and regulations and cannot relax legal requirements. He suggested that students may file compensation claims against the colleges. PMDC’s lawyer said that the authority has the power to relax rules. The court adjourned further hearings until May 13.
