ISLAMABAD: The Islamabad High Court (IHC) has termed the use of housing societies for commercial purposes by some entities as violation of law.
The court has sought reply from the Capital Development Authority (CDA) for not taking action against illegal housing societies. Chief Justice Athar Minallah sought details of all illegal housing societies of state departments, directing to submit reports of projects initiated or completed without the approval of the CDA.
In a written order on Sunday, the IHC said the lawyer could not satisfy the court regarding the provision of the Constitution of Pakistan under which the Pakistan Navy could establish a commercial housing society.
The IHC CJ sought a reply and affidavit on the matter. The court described the matter as worrisome. The writ order observed that such housing societies were a classic example of conflict of interest.
The written order noted that it is apparent that the CDA is helpless in the matter. The court expressed its disappointment at the situation of law enforcement in the country, and remarked that citizens lose their hard earned money in housing societies.
The court noted that illegal housing societies are run by various institutions – either directly or indirectly – on commercial basis. It said most housing societies were initiated in violation of the CDA Ordinance 1960. The court asked in the writ order why the CDA had not taken action against illegal housing societies till date.
The court inquired why the CDA, which is quick to take action against small shopkeepers, was unable to take action against the privileged class. The court directed that a copy of the order be sent to the chief commissioner, the CDA chairperson and the home secretary.
The court said the illegal work is going on in an area of 1,400 square miles of the federal capital. According to the court, the government and the regulators are being facilitators by ignoring the law. The court held the board, the chairperson and the members of the CDA responsible, while also holding the federal government complicit.
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