Pakistan

ISLAMABAD – The Islamabad High Court (IHC) has declared all buildings constructed in violation of the master plan of federal capital in Bani Gala and Sector E-11 (Golra Revenue Estate) as illegal and liable to be demolished.

A three-member bench of the IHC headed by Justice Athar Minallah and comprising Justice Aamer Farooq and Justice Mohsin Akhtar Kayani announced its 72-page judgment on the petitions regarding illegal construction in Bani Gala and Sector E-11.

The court, in its order, observed that any construction in violation of the master plan within the stated vicinities was illegal, which was also liable to be demolished.

The certain class of the society was given benefit by allowing the illegal construction of commercial structures and affecting the master plan of the capital in two areas, the court added.

The court observed that doctrine of necessity was against the supremacy of law.

It ordered the federal government to make the environmental tribunals functional within 90 days.

The petitions, filed by residents, had challenged the constructions in Bani Gala and Sector E-11 claiming that commercial buildings in Bani Gala and tall buildings in Sector E-11 had been constructed against the master plan.

The court, in its judgment, also directed the federal government to take initiatives to form a commission comprising the professional experts of planning, environmental management, and finance to deal the matter in accordance with law.