IHC nullifies CDA’s power to convert green belts into plots

ISLAMABAD: The Islamabad High Court (IHC) has nullified regulations allowing the Capital Development Authority (CDA) to develop plots on greenbelts. Justice Sardar Ejaz Ishaq Khan delivered the ruling in response to petitions from residents of Sector G-11.

The court deemed the CDA’s actions illegal and ordered the demolition of houses constructed on these plots since 2021.

The petitions, filed by Barrister Umar Gillani, argued that CDA officials had announced plans to develop plots in an open area near a nullah at the end of their street in 2021.

The petitioners claimed this violated the original layout plan, established in the 1990s, and raised concerns about the impact on neighborhood tranquility, aesthetics, and recreational space for children. They also cited safety risks, referencing a 2021 flood in Sector E-11 that resulted in fatalities due to similar constructions near nullahs.

In defense, the CDA cited the “Regulation of Amendment in Layout Plan 2019,” asserting it had the authority to alter sector plans.

However, Justice Khan criticized the CDA for making changes in already developed areas after the original layout was finalized. He argued that such alterations would disrupt homeowners’ expectations and the neighborhood’s character.

The judgment also noted the CDA’s failure to use available land for new sector development and instead choosing to create plots in existing areas. While the changes did not affect the overall residential nature of the area, they significantly impacted residents’ quality of life.

The court ordered the demolition of a house under construction on one of the disputed plots and directed the CDA to remove the debris within 30 days. It also noted that individuals allotted these illegal plots may seek compensation from the CDA through separate legal actions.