IHC overturns CDA’s power to convert greenbelts into plots

ISLAMABAD: The Islamabad High Court (IHC) has invalidated regulations that permitted the Capital Development Authority (CDA) to create plots on greenbelts, Dawn news reported on Tuesday.

The ruling, delivered by IHC Justice Sardar Ejaz Ishaq Khan, came in response to petitions filed by residents of Sector G-11. The court declared the CDA’s actions illegal and ordered the demolition of houses built on these plots since 2021.

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The petitioners, represented by Barrister Umar Gillani, argued that in 2021, CDA officials informed residents that new plots would be developed in an open space near a nullah at the end of their street. The petitioners claimed that this move, likened to “china-cutting,” violated the original layout plan, which was finalised in the 1990s.

They expressed concerns about the impact on their neighbourhood’s tranquillity, visual appeal, and the loss of space for children to play. Additionally, they cited safety risks, recalling a 2021 incident in Sector E-11 where similar construction near nullahs led to flooding that claimed the lives of a woman and her child.

In its defence, the CDA cited the “Regulation of Amendment in Layout Plan 2019,” which it argued gave the authority broad powers to alter sector layout plans. However, Justice Khan criticised the CDA for creating new plots in already developed areas after the original layout had been finalised. He pointed out that allowing such changes would undermine the certainty for homeowners regarding the development around their properties, disrupting the neighbourhood’s established character.

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The judgement also highlighted the CDA’s failure to utilise available land for developing new sectors, instead opting to create plots in already developed areas. The court ruled that while these changes did not alter the overall residential nature of the area, they significantly impacted the residents’ quality of life.

As a result, the court ordered the demolition of a house under construction on one of the disputed plots and directed the CDA to clear the debris within 30 days. The judgement also noted that those allotted these illegal plots have the right to seek compensation from the CDA through separate legal proceedings.