The Islamabad High Court on Thursday declared the plots allotment to judges, bureaucrats and government employees in special sectors of the federal capital as unconstitutional. The reserved decision was announced by IHC Chief Justice Athar Minallah and Justice Mohsin Akhtar Kayani.
The judgment read that, “The scheme intended to be launched in sectors F-12, G-12, F-14 and F-15, are in derogation of public interest and violative of the constitutionally guaranteed rights of the people at large. Thus they are illegal, unconstitutional, void and without jurisdiction”.
The court, in the judgment, also mentioned that the draw for allotting plots in sectors F-14 and F-15 held on August 17, 2021, was not transparent.
The high court’s decision stated that the scheme launched by the Federal Government Employees Housing Authority in the aforementioned sectors are state property, and cannot be owned by judges, bureaucrats and holders of public office and those who serve the public, cannot formulate policy for personal gain, against public interests.
“A scheme launched by the FGEHA, pursuant to a policy framed by the Federal Government, will withstand Constitutional scrutiny if it benefits the people at large rather than benefiting and enriching a few powerful classes,” the ruling stated. The court ordered the FGEHA to not make any schemes in violation of the Constitution.
It further directed the secretary of housing to put the issue before the cabinet within two weeks. The decision stipulates that the cabinet and the prime minister are to formulate policies for the benefit of the general public and in public interest.
Earlier, the IHC had barred judges and bureaucrats from acquiring plots through lucky draws. It had also suspended allotment of plots to judges of district courts besides barring authorities from evicting locals from their ancestral lands.
“There must be a waiting list. What was the policy? You have also allotted plots to judges who were sacked because of corruption. Is it the policy to encourage corruption?” he asked from the FGEHA officials.
