ISLAMABAD: The Islamabad High Court (IHC) on Thursday declared the sports complex construction illegal and ordered the Capital Development Authority (CDA) administration to seal the newly-constructed Navy Sailing Club on shore of Rawal Lake, Islamabad.
IHC Chief Justice Athar Minallah conducted the hearing. During hearing, CDA board member told the court that CDA had not issued any allotment letter for the land. To this justice Minallah asked if the authority had taken any action to halt the construction. “We had issued notices to the Navy,” the CDA representative informed the judge. Justice Athar Minallah remarked, “What do you mean, you issued notices, demolish the building.”
Justice Minallah ordered the CDA to seal the facility before the next hearing, saying in case the authority fails to comply with, the court will summon Cabinet Secretary Ahmad Nawaz Sukhera. He also directed the issue to be presented before the cabinet. The judge wondered if the flagship military project was supported by any legal provision providing space for a purportedly commercial project.
CDA official gave reference of 1994 order of the Prime Minister’s Office (PMO), informed the court that the permission to build the sports facility was granted by prime minister of the day, Benazir Bhutto.
Pakistan Navy representative, who was present in the court, sought time to submit a response.
Justice Minallah asked what the Navy needed time for. “We respect you, appreciate your sacrifices and honour your martyrs but an illegal construction isn’t allowed,” he said.
He questioned why he is defending something, which is indefensible. Justice Minallah added that Islamabad is the country’s capital, not a tribal area. No one is above the law. Not even this court.
Two weeks ago, the CDA served a notice on the Navy for its allegedly illegal and unauthorised construction of the club and directed to immediately stop the construction of the building.
Last week, the Navy clarified that the land in question was, in fact, allotted to it in 1994 for the development of a water sports centre. A statement issued at the time had asserted that Navy divers are trained at the club who, then, take part in rescue operations in all four provinces and the federally administrative units, including Azad Jammu and Kashmir, as the club is the only such facility in the north of the country.
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