- He who comes into equity must come with clean hands: Khan, himself, lands in trouble
The Capital Development Authority has declared the residence of Pakistan Tehreek-i-Insaaf (PTI) Chairman Imran Khan and 121 others “illegal” in a report submitted to the Supreme Court of Pakistan on Tuesday.
Residence of Khan was at number 92 in the list of illegal and unauthorised buildings prepared and submitted by the civic agency.
The apex court had previously taken notice on the application of PTI chief Imran Khan pertaining to the growing encroachments in Bani Gala and a separate case is also being heard by the Islamabad High Court regarding construction in Bani Gala.
He who comes into equity must come with clean hands. It can be said that Imran Khan had approached the court with his hands “unclean”.
The CDA, along with Islamabad Capital Territory (ICT), the administration has conducted a survey to capture illegal commercial buildings constructed in Bani Gala and report in this aspect has been submitted to the Supreme Court (SC) of Pakistan.
“How can we restrict anyone from constructing in the area when gas, electricity, water and other basic amenities were provided by the authorities and CDA had also constructed a few roads in the area in order to facilitate the influential locals?” said an officer of Building Control Section (BCS) who was a part of the survey team, on anonymity.
Survey finds 122 unauthorised buildings exist which are either under construction or in post-construction mode.
The majority of commercial plazas are constructed with no sewerage and waste disposal systems and without any planning.
“It is submitted that the buildings constructed either in zone III or zone IV (Bani Gala area) are in violation of the ICT zoning regulation 1992; therefore conservancy services including garbage collection and sanitary sewage system cannot be provided by CDA as per law,” says report.
The report suggests that the occupants at their own are not taking measures, which is causing pollution, contamination and environmental hazards. Punitive action is to be taken by Pakistan Environmental Protection Agency against the polluters.
The CDA, in a report, said that the civic agency is in process of setting up a special laboratory in planning wing in collaboration with Pakistan Space and Upper Atmosphere Research Commission (SUPARCO) for aerial monitoring of unauthorised construction and loss of trees.
However, till the establishment of the aforementioned facility, CDA enforcement team has also been specially deployed to monitor and stop illegal construction across the capital.
Moreover, the ICT administration is also taking action against the encroachers and illegal unauthorised buildings under section 144 which has been imposed by the deputy commissioner (DC) of the ICT. On violation, cases have been registered under section 188 Pakistan Penal Code (PPC), and 19 persons were booked for proceedings in the last two weeks.
Earlier, the PTI chief Imran Khan wrote a letter to the Chief Justice of Pakistan to draw his attention towards the “municipal lawlessness” in the area of Bani Gala, but it is a fact that he himself is lacking a legal cover for his residence situated in Margalla Hills National Park Area, which is a major and sensitive component of Zone-3 in the Islamabad Capital Territory.
Khan had constructed his residence on 300-kanals and 5-marlas situated in the real estate of Village Mohra Noor by violating two laws simultaneously: the Islamabad Wildlife (PPC&M) Ordinance, 1979 and the Islamabad Capital Territory (Zoning) Regulations 1992.
Primarily, the residence of Imran Khan falls under the Zone-3 of the federal capital in which no private residential, farming, orchard scheme and any residential construction is allowed; whereas, only old inhabitants were allowed to stay but under a controlled programme, without any expansion in their houses as per the clause ‘a-e’ of section 3 in chapter-III of the Islamabad Capital Territory (Zoning) Regulations 1992.
It may be mentioned here that CDA has deployed vigilance teams to ensure that no tree-cutting is carried out in the areas. Further to above, ICT administration had also imposed section 144 on the same account.
It is also necessary to mention here that the civic body had carried out a massive operation against the illegal construction of farmhouses by Dr Abdul Qadeer Khan and some others in 1992, but it was stopped due to strong resistance and the court’s involvement.
Though, in this case titled “CDA vs Dr Abdul Qadeer Khan SCMR 2636, 1999” the decision of the Supreme Court barred the CDA from operation against the residents and declared that the civic authority can regulate the area only after making concert efforts for the acquisition of the said area preparing a scheme, but this decision did not allow massive construction in the area as the court accepted the power of the civic body to earmark any area for any specific purpose.
Meanwhile, the other complaint made by Imran Khan in his letter was about the encroachment of the Botanical Garden. The Botanical Garden measuring 583 acres is also situated in zone-3 allocated by the CDA in the early 90s for research purposes and it handed over its possession to the Ministry of Environment which later became the Ministry of Climate Change (MoCC).
“As to the construction of a wall around Zoo-cum-Botanical Garden, presently with MoCC, demarcation has carried out and reported to this effect was submitted by ICT administration on the last date of hearing. MoCC is taking steps for construction of wall as directed by the prime minister,” reads the report submitted to Supreme Court.
It is pertinent to mentioned here that the survey conducted by CDA and ICT found 122 illegal buildings, which included Dar-e-Arqum school, Tariq hotel, Medical care hospital, Rawal wedding marque, Medicare hospital, Petrol pump, and dozens of residential and commercial multi-story buildings.
