LAHORE – The Defence Housing Authority (DHA) and Punjab government are on warpath on the issue of controlled areas falling into their jurisdictions as DHA claims to have thousands of acres land in its legal control under notification issued in the Gazette of Pakistan while the Punjab government overrules DHA’s jurisdiction and plans to make the notification null and void.
PML-N senior leader and MNA Khawaja Saad Rafiq is behind the ripple who brought notification into the notice of CM Punjab Shahbaz Sharif. They consider the notification as a remnants of former President General Pervaiz Musharraf’s legacy. Musharraf conferred the authority to DHA to issue such notification when he was chief executive of Pakistan in 2002.
Probe: Punjab Chief Minister Shahbaz Sharif taking prompt notice of the notification issued by DHA to declare various areas under its jurisdiction ordered the head of Revenue Department , Lahore Division commissioner and chief secretary to probe the issue. Punjab government also constituted a committee on Wednesday headed by Additional Chief Secretary Sammi Saeed to submit recommendations to CM Punjab within two or three days to bridle the DHA.
However, a CM secretariat official said that the Punjab government had not contacted or made correspondence with DHA administration to deliberate the matter emerging as real bone of contention between the two. The Punjab government wants to be very clear on legal grounds before taking decisive action, he said.
No permission, no notification: DO (Revenue) Zulfiqar Ghuman told Pakistan Today that without the permission of Punjab government, DHA had no authority to issue notification regarding its controlled area including 72 villages in the surrounding of River Ravi, Barki road on the North, BRB Canal on the East, Hudiara Drain on the South, Defence Road up to Rohi Nala at Ferozepur Road (DHA Lahore), Defence road on the North, King Edwards Medical College Housing Society at Holloki Road on the South, Raiwind Road on the West (DHA Rehbar), Thokar Niaz Baig on the North, Raiwind Road on the East, LDA Avenue-I on the South and Multan Road from Niaz Baig Distributary on the West (DHA Lahore EME sector).
An official of Revenue Department said that Punjab government had already banned activities regarding the development of housing societies in the vicinity of River Ravi to maintain the environmental balance in the city.
We have power: DHA spokesman Tajamul Hussain said that DHA Lahore had issued the notification in exercise of power conferred upon it under Article 23 of the DHA order 2002 (Chief Executive Order 26 / 2002) and Article 2 (J), 7, and 13 read with the Controlled Area Prevention of Unauthorized Restriction Regulations 2009.
He said that copies of notification had already been circulated to Punjab government and every department concerned since it was in place in 2009 but nobody objected it. He said it was incomprehensible that as to why it had been made an issue when there was no illegality exited in the rules.
Reliable sources in DHA claim the Punjab government has no authority to take up the issue and call officials of DHA to present before any committee on the issue. “All DHAs throughout the country runs under direct control of Corpse commander, Chief of Army Staff and Defence Ministry,” sources said. An official in DHA said that notification had legal cover and could never be challenged in courts. It was nothing just personal grudge of Khawaja Saad Rafiq who wanted to get his work done in DHA Lahore and on refusal, he fabricated the issue without any rationale.
If PML-N had any objection, he maintained, a bill had to be tabled in parliament to amend the Chief Executive Order 26 of 2002. He said that six retired judges including S.M Zafar were on the panel of DHA who could foil any bid of being planned by Punjab government.
He said that DHA had special power to acquire the land wherever it wanted in the welfare of army personnel. He said that DHA had been made to benefit the army people as in every DHA, 90 percent plots were fixed for army personnel and only 10 percent quota was given to civilians.
If notification was challenged in court, it would open a big Pandora box. “Thousands of plots in DHA controlled areas declared under the notification issued in Gazette of Pakistan 2011 have been sold out. Army officials and civilians have invested their hard earned money. In some area development work to the tune of million of money have been completed. Hence, Punjab government could not put its hands in the hornet net,” he said.
Pakistan Gazette 2011 said that the DHA notification was issued by DHA Lahore administrator Brig (Retd) Muhammad Aslam Rana on January 29, 2010. The notification revealed that DHA Lahore’s controlled area was being extended in view of growing housing needs in DHA Lahore, Rehbar Sector, DHA EME sectors and other sectors. Notification said that owners, occupiers or any authority shall not sub-divide the land.
No planning or development or housing scheme could be prepared and sanctioned by any authority in controlled area without the permission of DHA. No one could excavate the land, dig or remove the earth, cut the trees in the DHA controlled areas DHA preserve the utility of land in the controlled areas for the development of its own housing schemes, notification added.
