Islamabad (Pakistan Khabar): The Islamabad High Court has declared the administrative ban on the purchase, sale, and transfer of land in Shah Allah Ditta, Sarai Khurbuza, and Sangjani illegal.
Justice Muhammad Asif issued a written decision on the petition filed by citizen Fazal Abbas, which was argued by lawyer Kashif Ali Malik.
The court stated that property registration and transfer matters must be conducted in accordance with the law and prescribed procedure, and that citizens’ fundamental property rights cannot be deprived in the name of stopping illegal housing schemes.
The decision noted that the blanket ban imposed on the basis of a letter from the Capital Development Authority (CDA) has no legal standing. According to the court, verbal orders issued by the Deputy Commissioner Islamabad to sub-registrars and revenue officials are also beyond the scope of law.
The court observed that the administration misinterpreted a previous court order on its own, whereas that order was limited only to stopping construction and transactions in illegal housing schemes.
The judgment emphasized that executive authorities are bound to fully implement court orders and cannot alter them through administrative directions. It further stated that under the CDA Ordinance 1960 and Islamabad Zoning Regulations 1992, the Deputy Commissioner has no authority to freeze property.
The court held that under the Constitution, any restriction on citizens’ property rights must have clear legal justification, and a complete ban on land transfer without law violates Articles 23 and 24 of the Constitution.
The court also noted that imposing uniform restrictions on law-abiding citizens of an entire area amounts to discriminatory treatment, and action should instead be taken against actual violators in accordance with the law.
It further observed that the petitioner’s mother was under treatment in hospital due to illness and, because of the property freeze, the petitioner was unable to afford medical expenses, causing serious hardship.
The Islamabad High Court clarified that the decision does not prevent the CDA from taking action against illegal housing schemes, but all actions must be taken strictly in accordance with law and due process.