Islamabad: The Islamabad High Court (IHC) on Thursday struck down the Illegal Allotment Of Plots In Four Sectors Of Islamabad to govt officers and judges, unconstitutional, and against the interest of the general public. The IHC also pointed out the lack of transparency in the allotment and directed the FGEHA to initiate housing policies to cater to the rights of the general public rather than serving the upper class. The court ordered the Secretory Housing to present the case pertaining to Sectors F-12, G-12, F-14, and F-15 before the federal cabinet and expected that the cabinet would form a policy in this regard keeping in view public interest. The verdict of the court highlighted that the subsidized allotment of plots cost the loss of around 1000 billion to the public exchequer.
The two-member bench of the IHC comprising of Chief Justice Athar Minallah and Justice Mohsin Akhter Kiani issued the judgment regarding the Allotment Of Plots In F-14 and F-15 Sectors By The Federal Government Employees Housing Authority (FGEHA). The honorable bench also ruled that the two upcoming sectors namely F-12 and G-12 are also illegal. The FGEHA conducted balloting to award plots in sectors F-14 and F-15 in August 2021 which the court termed biased and showing conflict of interest. The court observed that even there was a lack of transparency in the selection process out of 135,000 registered members. It stated, “Surprisingly, the list of successful beneficiaries posted on the website included senior members of the bureaucracy and serving and retired judges of the superior judiciary. Virtually every judge of the district judiciary of Islamabad was amongst the beneficiaries. Ironically, they included judicial officers who were kept under observation either for incompetence or having questionable repute. It also included those judicial officers who were dismissed from service pursuant to disciplinary proceedings or who had opted to resign.” The court said that the policy of FGEHA and the federal government is against the fundamental rights of the people.
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The decision of IHC further elaborated that the FGEHA Board members even allotted plots to themselves. The court also questioned the quota for lawyers and journalists that was abolished by the FGEHA and said that neither the Judges of IHC nor that of the district courts had ever made any such requests to the government regarding the allotment of plots. The court termed it a conflict of interest and said, “There is no explanation why the IHC and the district courts of Islamabad have been included because no such request was made to the FGEHA or the federal government in this regard.”
The judgment further highlighted that all government servants including officers and judges are there to serve the public and safeguard their rights rather than plundering their rights, “Public office holders cannot create any interest in their own favor in derogation to the welfare and wellbeing of the people. Regrettably, the scheme discussed above and the revised policy governing it is contrary to the public interest and grossly in violation of the constitutionally guaranteed rights of the people at large. The attributes of elite capture and conflict of interest are obvious.
