Plot allotments to judges, bureaucrats illegal, rules IHC

ISLAMABAD: The Islamabad High Court (IHC) on Thursday announced its verdict on an intra-court appeal in the case of plot allotments to judges, bureaucrats, and government employees in different sectors of the federal capital.

A two-judge bench of the IHC comprising Chief Justice Athar Minallah and Justice Mohsin Akhtar Kiyani observed that the institutions and persons that are the intended beneficiaries, whether federal government employees or judges, “exist and hold offices solely to serve the actual stake holders i.e the people of Pakistan.”

“Public office holders cannot create any interest in their own favour in derogation to the welfare and wellbeing of the people,” the judges noted, adding the plot allotment scheme is “contrary to public interest and grossly in violation of the constitutionally guaranteed rights of the people at large.”

The court said the prime minister and his cabinet appear to have been kept in the dark regarding the profound consequences of the scheme.

“As elected and chosen representatives they are only empowered to frame and formulate policies in the best interest of the people at large and in the public interest, rather than providing opportunities to a few powerful elite to make windfall gains in derogation to public interest,” the 58-page judgement read.

The court ruled that the FGEHA nor the federal government is vested with power or jurisdiction under the FGEHA Act or the CDA Ordinance to launch a scheme or frame a policy which is contrary to the public interest and violative of the constitutionally guaranteed rights of the people at large.

The bench held that the scheme intended to be launched in sectors F-12, G-12, F-14 and F-15, is “in derogation of public interest and violative of the constitutionally guaranteed rights of the people at large.”

The court directed the ministry of housing and works to place this judgment before the federal cabinet within two weeks to formulate policies under the FGEHA Act or the CDA Ordinance.

It instructed that the federal government would formulate policies for development of sectors F-12, G-12, F-14 and F-15 solely for the benefit of the general public and in public interest, rather than enriching a few elites at the expense of the exchequer.