IHC decision eases land acquisition for CDA

Islamabad : A recent decision taken by the Islamabad High Court (IHC) has closed the door to corruption in the Capital Development Authority (CDA) making it easy for the CDA to speedy land acquirement in Islamabad Capital Territory in future.

With the IHC verdict announced by Justice Babar Sattar on October 30, there would be no separate compensation for the Built-Up Properties (BUPs) for purpose of compulsory acquisition of land for sectors and other purposes. Following court's decision, the CDA has suspended the existing compensation scheme which allows it to allot plot to affectees having BUP on land which the development authority is to acquire.

It may be pointed out here that affectees of BUPs continue to multiply with new constructions with connivance of CDA staff in Enforcement Wing and land affectees directorate even after imposition of ban on new constructions and transfer of land. This illegal practice not only delays acquisition of land but the number of affectees also continues to increase making it difficult to differentiate between genuine and fake affected persons.

With the IHC decision, an affectee would get compensation only for the land and not for BUP. The sources said that the CDA after suspending the ongoing compensation scheme is now working on making changes in its rehabilitation policies in order to stop practice of compensating affectees making those policies in conformity with the CDA Ordinance, 1960.

"CDA shall terminate the practice issuing separate awards for acquisition of land and BUP, allotting plots in lieu of compensation for purpose of acquisition," the court in its detailed verdict said. The orders were issued on a petition filed by 20 affectees of F-11 with the Islamabad High Court.

The court also ordered that the compensation due to 20 petitioners, shall be calculated by CDA within a period of 30 days and make payments to them in 60. It means that the whole process would be completed within 90 days from the date of IHC orders.

The IHC decision mentions that the provisions of the CDA Ordinance envisage the issuance of a singular all-encompassing award for acquisition of land and all interests emanating from or attached to or affiliated with such land.It is noted that the practice of issuing separate awards for land and BUP is in conflict with Sections 27 to 31 of the CDA Ordinance, 1960 and such practice ought to be suspended forthwith

The court also noted that the practice of issuing separate awards for land and BUP is in conflict with Sections 27 to 31 of the CDA Ordinance, 1960. The CDA Ordinance 1960 does not provide compensation like allotment of plots against BUPs separately.

The court further stated that the Rehabilitation Policy 1984, the Rehabilitation Policy 1994 and the Rehabilitation Regulations 2007, which provide for issuance of separate awards for land BUPs are payment of award in form of allotment plots is in conflict with the CDA Ordinance 1960. Justice Babar Sattar has directed that the CDA Board ought to review these policies and make appropriate amendments to bring them in conformity with requirements of the CDA Ordinance 1960 within a period of 90 days.

The court also clarified that the order would not affect any past and closed transactions to the extent that any beneficiaries of the compensation awards have already been allotted plots and such plots have been transferred in their names in CDA record and possession handed over to them. The allottees of stalled residential sectors in Islamabad have highly commended IHC decision which has closed the chapter of BUPs related issued for acquisition of land.

They feel that the CDA would not left with no option but to speedily acquire land, develop sectors and hand over possession of plots to their owners. According to the CDA Ordinance, 1960, in determination of amount of compensation for the land acquired, the deputy commission shall take into consideration the market value of land (on date of acquisition).

CDA spokesman Shahid Kiani when contacted by 'The News' also confirmed that the CDA has suspended implementation on compensation exercise and now all its rehabilitation policies are subject to review by the CDA Board.