Law: Constitution of Pakistan 1973

Section: 199, 10-A

Law: Capital Development Authority Ordinance, 1960

Section: 2(d)

Summary The petitioner challenged the demolition of his house by the Capital Development Authority (CDA), claiming that his land in Mouza Bhadana Kalan was private property, had not been acquired by CDA, and did not fall within Zone-I or Sector H-17. He sought compensation for the demolition and a report regarding the location and status of his land. CDA contended that the land falls within Sector H-17, Zone-I of Islamabad, where construction without prior approval is prohibited under the ICT Zoning Regulations, 1992. The Court held that the petitioner's land is situated in Zone-I, where CDA has statutory authority to regulate development and demolish unauthorized constructions. Since the petitioner had constructed the house without CDA's approval, the demolition was lawful. The Court further held that questions of land demarcation must be decided by the Revenue Authorities, while compensation for demolition can only be claimed through a civil suit and not in constitutional jurisdiction. Consequently, the writ petition was disposed of. Tagline Unauthorized construction in Zone-I of Islamabad can lawfully be demolished by CDA, while claims for compensation must be pursued through a civil suit, not a constitutional petition. ORDER; MUHAMMAD AZAM KHAN, J. Through the instant Writ Petition filed under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973 (hereinafter referred to as the “Constitution”), Abdul Rahim (“Petitioner”) has prayed as under: - Respondent Nos. 1 to 8 may kindly be directed to submit a complete, detailed report regarding the land of the Petitioner, whether the Petitioner's land (as per para-No.2 of the petition) is within the area of any illegal Society or Town or in the territory of mouza Bhadana Kalaan, Islamabad. Pay the compensation to the Petitioner due to illegal act committed by Respondent No.1 to 8 as they demolished the house of Petitioner without following the provision of law, CDA Ordinance, 1960, and Islamabad Capital Territory (Zoning) Regulation, 1992, Islamabad Capital Territory (Zoning) Regulation, 1992 (amended 2005) and under Article 10-A of the Constitution of…