ISLAMABAD, Dec 14 (Online): Islamabad High Court (IHC) while suspending the CDA notice in connection with vacation of make shift huts has ordered that if the factory set up adjacent to these huts is illegal then it should be demolished first and after it the huts be demolished.
The case pertaining to CDA operation against make shift huts in sector E-11 Islamabad came up for hearing before IHC single bench presided over by the Chief Justice (CJ) Athar Minallah here Tuesday.
The court remarked it is CDA stance that the area is being got cleared because it is green area. It was revealed to the court an illegal building has also been constructed in violation of the law. If CDA has given NOC then it should satisfy the court under what rule it has given the NOC.
The court observed the dwellers of the make shift huts have their rights. The court will not allow that their rights be breached.
The amicus curie including Adnan Haider Randhawa, Umar Ijaz Gilani and Danial Hassan appeared in the court.
The amicus curie visited the make shifts under the order of the court and presented their report to the court.
The court converted the temporary application of the lady into petition and issued notices to the CDA.
The amicus curie identified a factory along side the make shift huts.
The CDA told the court “we have issued notice to make shift huts and have not started operation.
The court inquired how this factory has been constructed here. Is this acquired land.
CDA officer told the court to my view this is venue for headquarters of forces. A factory has been set up therein.
The court remarked you are issuing notices to poor dwellers of make shift huts. Have you taken action against this factory. Is there no law here. Is regulation some thing nothing. You have seen make shift huts but the factory is not visible to you.
CDA officer told the court we bring this thing to the notice of member planning.
The court remarked we have not said any thing about bringing it to any one notice. If it is illegal then go there and take action. Why that factory did not become visible to you. How the dwellers of make shift huts became visible to you. You can not touch dwellers of these make shift huts unless you demolish the factory. If the factory has been set up without your permission then take action and inform the court thereof. You mount on the poor dwellers of the make shift huts and you don’t ask even others. Either it is owned by NLC or some one else, demolish it if it is illegal. If it is legal then tell the court how can the factory be set up here.
The court while barring CDA from demolishing the make shift huts adjourned the hearing of the case till January 10.
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