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Thursday November 28, 2024

Banigala encroachments case: Imran to be first to pay penalty, says CJP

By Sohail Khan
October 17, 2018

ISLAMABAD: The Supreme Court on Tuesday directed that the leases of companies violating their contractual obligations in Banigala should be revoked and observed that Prime Minister Imran Khan will be the first to pay penalty for regularisation of his property.

A three-member bench of apex court, headed by Chief Justice of Pakistan (CJP) Justice Mian Saqib Nisar, resumed hearing in a case pertaining to encroachments and environmental degradation in Banigala.

The court directed the Capital Development Authority (CDA) to submit a comprehensive report on illegal lease with strict direction to cancel within 10 days the leases of those companies which had not fulfilled the lease obligations.

The chief justice observed that the apex court had been hearing the case for the last eight months but the required legal procedure had not been followed. He said the residence of Prime Minister Imran Khan in Banigala would be the first to be regularised. “After people know that the prime minister has paid the penalty, they will be asked to regularise their properties,” he added.

Prime minister Imran Khan had moved the Supreme Court against illegal encroachments and environmental degradation in Banigala. Appearing on notice, Additional Attorney General (AAG) Tariq Mahmood Khokhar informed the court that a 12 kilometer wall will be constructed around Banigala by November, adding that a four kilometer wall had already been constructed.

The law officer however submitted that the competent authority had not yet released funds for construction. He told the court that five companies were responsible for encroachments in the area. He said a report compiled by former CDA chairman Kamran Lashari was also available on the matter.

At this, the chief justice said that companies ignoring rules and code of conduct will be disbanded and directed the CDA to furnish a detailed report in this regard. The court was further informed that the fourth part in the report pertained to contamination of Rawal Lake due to dumping of sewage from 50 union councils and 59 housing societies.

The chief justice, however, observed that they wanted to see the performance of Pakistan Tehreek-e-Insaf (PTI) members. “They are the ones who filed a petition on this issue and now that they are in power; we want to see what they do,” remarked the chief justice.

Addressing Babar Awan, counsel for Imran Khan, the chief justice asked him as to what steps they had taken in the last 50 days. Awan replied that State Minister for Interior Shaheryar Afridi was looking into the matter these days.

The chief justice then recalled that Prime Minister Imran Khan was a petitioner in the instant matter hence he would the first to pay the penalty. He said the residence of the premier will be the first to be regularised and this should not be taken as a political statement.

The chief justice further said the court will not allow new construction unless the issue of regularization was resolved. The court directed that a committee with special powers be constituted under the chairmanship of interior secretary to ensure regularization of properties in the area. The committee will include CDA chairman and secretaries of ministries of housing, local government and climate change. The committee will submit its report in 10 days. Later the court adjourned the hearing until October 29.