' MUHAMMAD NAWAZ ABBASI, ACTG. C.J.---This Court in exercise of its powers under Article 184 (3) of the Constitution on the basis of news item published in the newspaper in which comments were made on the increase of prices of different commodities in the market, due to the loose administration and weak policy of the Government regarding price control having taken cognizance of the matter, called reports from concerned quarters and during the proceedings passed different orders which are reproduced hereunder to understand and appreciate the issue in its true prospects.
(i) Order dated 23-7-2007:-- "Notice could not be issued to the Chairman C.D.A. The same be issued with the direction that a comprehensive report be furnished qua the terms and conditions of allotments of Agro Farms and Livestock Farms with the names of allottee and also point out as to whether any change has been made in the status of above mentioned Farms, if so when by whom?
' A report has been submitted by Deputy Commissioner Islamabad as well as DCO Rawalpindi.
Senator M. Enver Baig is present and highlighted certain reasons for price hike.
' Let at first instance notice be issued to the Secretary Agriculture, Secretary Commerce, Secretary Industries, Secretary Finance to remain present on the next date of hearing and explain the policy formulated in this regard that why the alarming rise in price could not be checked. Notice also be given to the Prosecutor-General, N.A.B. With the direction to explain as to whether any inquiry/investigation has been conducted into the multi bullions sugar scandal. To be fixed after two weeks."
(ii) Order dated 9-8-2007 is read as under:-- "Mr. Shahid Murtaza Bokhari, Deputy Director has filed incomplete report which shows that plots situated within the urban areas were allotted to the different persons around Islamabad without disclosing the purpose. We reasonably believe that such scheme of Agriculture Farms was floated in order to ensure growth of kitchen items i,e, vegetables etc and Poultry and its regular supply at reasonable rates to the inhabitants of Islamabad but in the List supplied to us, remarks columns are blank and do not show whether the objects of allotments are being achieved or not. Chairman C.D.A. Is directed to complete the list, furnish copies of lease deeds and submit report as directed vide order dated 23rd July, 2007.
2. Dr. Ashfaq Ahmed, Special Secretary Finance stated that the Government is already undertaking an exercise to prepare a comprehensive policy for the purpose of checking price hike in the country for which sometime is required.
3. The Secretaries who are in attendance need not come in person till further orders.
4. Senator, M. Enver Baig stated that during the budget speech of the Finance Minister for the year of 2006-07 as well as 2007-08, it was disclosed that a provision was made for opening 5000 new Utility Stores in the country with a view to provide edible articles to the General Public at subsidized rates but no progress has been made so far and the prices of wheat have seen a rise due to shortage of this commodity.. In this behalf we would like to hear Secretary Industries who will submit comprehensive report on the next date of hearing with regard to the opening of the new Utility Stores and on mechanism being adopted for the purpose of providing edibles at the subsidized rates. Advance copy of the report will also be handed over to Mr. M. Enver Baig, senator before the next date of hearing.
5. It is also stated by him that there are authentic news that in Punjab and other provinces the prices of wheat and rice have seen a rise because of shortage due to hoarding. According to the calculation of Punjab Food Department the price of wheat is Rs,440 per 100 Kgs, then the ex mill price of the flour is Rs,250.26 per 20 Kg bag and no action to control the hoarding and bringing the stock in the market so that general public may not suffer has been taken so far. In this behalf, we would direct the Chief Secretaries of the respective provinces that they should take necessary steps in this behalf under law and submit report on the next date of hearing.
6. Dr. Danishwar Malik, Prosecutor-General Accountability has submitted the report/complaint by N.A.B. Showing hoarding of sugar by various manufactures to earn more profits. Copy of the report is handed over to Dr. Babar Awan, Advocate Supreme Court and others. They are directed to go through the same so it may be discussed on the next date of hearing.
7. The Chief Commission, Islamabad Capital Territory and Deputy Commissioner as well as DCO, Rawalpindi submitted reports indicating the prices of different items being sold in the market for the public consumption. We have gone through these reports with the assistance of Dr. Babar Awan, ASC and Senator M. Enver Baig and it has been noted painfully that all these reports are fictitious. The retail sellers have been allowed free hand to put up prices in the printed price list as per their wishes just to give impression that the articles are being sold at a lower price than prevailing market rate of fruit and vegetable markets in Islamabad. The prices of daily commodities have been shown on higher side in the areas where the vegetable are being grow and considerably on low side in Islamabad which is not believable.
' We therefore, reject these lists. However, instruct the Chief biro Secretaries of all the provinces and Commissioner Islamabad to Off tut start a price control drive in all the provinces and at Islamabad to provide relief to the public."
(iii) Order passed on 5,9-2007:- ' Mr. Abdul Hafeez Pirzada, learned Senior Advocate Supreme Court, appearing on behalf of Mr. Jehangir Tareen, proprietor of JDW and also for Messrs Kamalia Sugar Mills states that adverse remarks have been made in the preliminary report of the National Accountability Bureau. Therefore, some time be given to him to raise objection to the report.
2. The learned Prosecutor-General, N.A.B, submitted that subsequent statement clearly indicated that the so-called inquiry report was not an inquiry but just an awareness probe under the National Accountability Ordinance, 1999. The statement shall be Accepting record of the case file.
3. The learned counsel appearing for JDW. And Kamalia Sugar Mills is allowed to raise objection on the report of the N.A.B.
4. The Secretary, Industries, Production and Special Initiatives states that a policy has been formulated which will be placed for approval before the Economic Co-ordination Committee of the Cabinet within next two weeks. The Sercretary, Finance Division, . Government of Pakistan, Islamabad, has also submitted a report about the commodities of daily use.
5. Ms. Saadia Abbasi, Advocate, states that it will be appropriate if directions are issued to the Monoply Control Authority, Islamabad, to provide a list of yearly sugar prices and current sugar prices in the country. .
6. The learned Deputy Attorney-General for Pakistan has informed the notices have been issued by the Capital Development Authority to the allottees/transferees of agro farms situated in Chak Shehzad and Tarali, who are not utilizing the same for the purpose they were allotted"
(iv) Order dated 8-10-2007 was as under:-- ' Reports submitted by the Chief Secretaries of Balochistan, N.-W.F.P. And Punjab. Provinces, perused and found unsatisfactory. Chief Secretary Government of Sindh has not sent report. It seems that no effective steps have been taken to decrease the prices of the commodities i,e, wheat/Atta, Oil/Ghee, Sugar etc and the same position is with regard to vegetable and fruit.
However, a perusal of comprehensive report submitted by the Chief secretary, N.-W.F.P. Indicates that in the month of August the price of wheat/Atta has gone up to Rs,15/16. We believe that same position would be in other Provinces.
2. Learned DAG stated that the Secretary Industries being the Controller-General of prices and supply is required to fix the prices of the commodities. He is not present in Court because of the last date of hearing his attendance was exempted.
3. On having gone through the reports we feel that no steps have been taken to launch campaign against hoarders of wheat/Atta etc and in any ordinary manner efforts are being made for the purpose of checking prices by adopting ordinary devices.
4. Thus we direct to IGPs of Balochistan, Islamabad, N.-W.F.P. Punjab and Sindh to constitute special teams, comprising senior officers who would launch campaign against the hoarders for affecting the recovery of items which they have stocked and register cases against the persons who are found responsible. They would submit details of the action taken by them before the next date of hearing.
5. The Secretary Industries is also directed to take immediate action for reducing prices of general commodities so the general public may get the same on subsidized rates and submit report on the next date of hearing.
6. C.D.A. Is also directed to take necessary steps with regard to Farm Houses, inspect them and in case any Farm House is not producing vegetables/fruit etc, cancel its lease according to law and submit report.
7. Since all the IGPs are going to attend this Court on 11th October, 2007, in another case already fixed, therefore, instant case is also adjourned to 11th October, 2007. Secretary Industries, Govt. Of Pakistan is also directed to attend hearing."
(v) The order dated 11-10-2007 is read as under:-- "In response to our order dated 8-10-2007, Mr. Zia-ul-Hassan, PPO, Sindh submitted a report dated 10-10-2007, the perusal whereof indicates that to launch special campaign against the hoarders of wheat, atta, etc, seven teams have been constituted headed by D.I.-G., Sindh. He appeared and stated that a meeting has also been convened by him with the Chief Secretary of Government of Sindh. Furthermore, respective DCOs have been involved for the purpose of implementing the order of this Court in letter and spirit. According to him as consequence whereof the prices of general commodities are likely to be reduced reasonably throughout the province of Sindh and the stock holders, if found violating the law, shall be dealt with under the Price Control and Prevention of Profiteering and Hoarding Act, 1977.
2. Mr. Khusro Pervez, Home Secretary, Government of Punjab appeared along with Mr. Ahmed Nasim, PPO, Punjab and submitted data of district-wise (20 Kgs wheat bag) price comparison graph. It is explained by the Home Secretary that the province of Punjab is the only province which supplies wheat, Atta as well as bulk of Sugar and Ghee to other provinces, therefore, keeping in view the inter-provincial trade in terms of Article 151 of the Constitution of the Islamic Republic of Pakistan, 1973, prices are being controlled. According to him there was some shortage of Atta but now the difficulty has been overcome and after the issuance of order by this Court special teams comprising of senior police officers shall be constituted to ensure that the general commodities, consumable by the public are made available at a reasonable reduced prices. We have explained him as well as to the other functionaries of the prices that they have to follow a number of devices to control and check the prices of Atta lying \in the go downs/ware-houses owned by mill/factory owner as well as cold storages where fresh fruits and kitchen articles like potatoes, tomatoes, etc are stored for the purpose of selling at a higher rate and these commodities should be brought in the market and must be sold at the prices which are fixed by the government instead of relying on the hoarders for the purpose of selling at a higher price subsequently. In this behalf they have also to reconvene meeting with the Bankers as well as the representatives of the Central Board of Revenue like the Collector of Excise and Customs etc. Who manage/maintain the go downs/factories sales or excise tax, which is to be paid or is to be recovered from the owners of the mills and factories etc. And they have to make them clear that such owners cannot be allowed to keep the stock at the cost of the general public, therefore, they have to adopt some other alternatives for the recovery of the loans etc. We consider it appropriate to issue directions to all the Managers of the Banks functioning in the provinces to cooperate with the police as well as with the local administration. The Chairman, C.B.R. Is directed to issue standing directions to all their representatives that they should be available to the PPO and the Home Secretaries for the purpose of opening of the go downs wherein stock has been stored. On completion of the formalities they should allow the responsible staff to take out such stock for the purpose of selling at subsidized prices. In case of incompletion by the Bankers as well as the C.B.R., the PPO and the Home Secretaries shall report to this Court through their Advocate-Generals for the purpose of taking up the matters in the Chambers and passing of appropriate orders.
3. Mr. Tariq Khosa, PPO, Balochistan, stated that he has convened meeting of the Chief Secretary and other officials and it is ensured that the progress shall be made in this behalf in a short span of time. He ensured that the general public shall get the daily commodities like atta, sugar, etc and the price fixed by the Government. It has been pointed out to him that huge quantity of wheat is smuggled outside the province of Balochistan. He admitted this fact, however, to check this aspect of the case the C.B.R. Is directed to issue instruction to their preventive staff who would be working along with the PPO for the purpose of checking the outflow of the wheat towards Afghanistan.
4. Mr. Sharif Malik, PPO, N.-W.F.P., stated that after receipt of directions from this Court, more than one thousand cases have been registered against the hoarders and a full-fledged campaign has been launched in the province and he is quite hopeful that by following the same, the prices shall be reduced.
5. Mr. Hamid Ali Khan, Chief Commissioner, Islamabad and Mr. Shahid Nadeem Baloch, I.G.P., Islamabad stated that raids were conducted on the cold storages in order to bring out the fresh fruits and the prices of the same have been reduced reasonably. In this behalf he has quoted price of fresh Grapes available in the market. I.G.P., Islamabad stated the raids are also being conducted on the go downs of Flour Mills and other places to ensure the smooth supply of Atta and price fixed by the Government.
6. The efforts which have been taken up by the PPOs on a short notice by this Court are highly appreciable and we are confident that if the compaign which they have launched continues, there is no reason of not achieving the objects.
7. Mr. Muhammad Munir Paracha, learned counsel appearing for the C.D.A. Stated that the C.D.A.
Has issued seventy notices to the owners of the farm houses to whom the allotments were made for the purpose of growing vegetable, fruits and encouraging the industry of the poultry and as far as other allottees of the farm houses are concerned, they are also being checked. Dr. Babar Awan, learned counsel appeared on behalf of the farm houses owners and stated that some farm houses of the C.D.A. In Sihala and Sohan are producing vegetable and fruits which are coming in the market. His statement could be a correct one but we have seen that the prices of fresh fruits and vegetables have always been on a high side in Islamabad. It is to be observed that the objection for allotting the farm houses was to encourage the growth of fresh fruits, vegetables and to encourage the industry of poultry, but the object has not been achieved, probably the allottees are using these places for different purposes, therefore, it was the duty of C.D.A. To take action against these allottees and C.D.A. Was to ensure that owners of these farm houses are using them for the purposes for which these were allotted to them. The Chairman C.D.A. Is directed to launch a full- fledged campaign for the purpose of ensuring that the land of the farm houses are fully used/utilized for the purpose for which the same were allotted. However, in the meanwhile, Dr. Babar Awan, learned counsel may file concise statement for which he had prayed for.
8. Mr. Abdul Hafeez Ch. Additional Secretary, M/o Industries has submitted a report showing the short and long term policy measures, taken by the Government of Pakistan to control the prices of wheat in the market. We may observe that as far as the. Policies are concerned, these can only be considered effective when the same are implemented in letter and spirit and the object is achieved by providing the commodities to the general public at a price fixed by the Government, otherwise, merely preparing the polices and doing the paper work would not serve the object because as far as the citizens are concerned they have the right under the Constitution to be protected and providing the basic needs for the purpose of living their lives at the rate which is in their control. Be that as it may, let the M/o Industries complete its exercise and make efforts to achieve the object but in the meanwhile having left with no option, we have involved the police and the local administration and we are quite confident that if they continue to do, it would be result- oriented.
9. Let this case be adjourned to 12-11-2007. The police officers and the administration are not required to attend the Court but they should submitted the weekly progress reports through their Advocate-Generals."
2. The Government agencies and the concerned authorities as mentioned in the orders of this Court referred to above have apprised the Court about the factors and cause of increase in the prices of essential items of daily use in the market and the steps taken by the concerned quarters to control the prices. The private respondents including mill owners and persons engaged in the production to eatable items of daily use in their replied have also explained the causes and reasons of shortage of essential commodities in the market and increase in the prices.
3. The probing public representatives and the learned counsel for the parties in the light of the relevant material brought on record in their written replies on the subject have rendered valuable assistance to the Court with the suggestion for taking administrative measures to control the prices and to make policy regarding production and supply of essential commodities to the need of people in the market on the reasonable prices.
4. The learned Attorney-General assisted by the law Officers of the Provinces and official representatives, has raised a strong objection to the exercise of jurisdiction by this Court in the matter under Articles 184(3) of the Constitution on the ground that prices of the articles of daily use and eatable commodities in the market have direct nexus with the demand and supply as well as on production in the private sector and Government may not be in a position to make a comprehensive policy of demand and supply to control the prices without the cooperation and coordination of producers and suppliers in the private sector as well as consumer, therefore, it will not be proper for this Court to issue direction which cannot be given effect and implanted in letter and spirit of law.
5. This Court may, in its exercise of power under Article 184(3) of the Constitution, issue appropriate direction in the public interest in the matter of public importance relating to the enforcement of their fundamental rights and Government being bound by the direction of this Court has to give effect to such directions and ensure compliance thereof, for the safeguard of the rights of the people. The failure of the Government to have proper control on the prices particularly of articles of daily use and essential commodities, would lead to suggest that the Government is least bothered to accept the responsibility of public duty as a legal and constitutional obligation. The issue relating to the high prices of items of common use in daily life, relating to the enforcement of fundamental rights of the people is certainly of public importance, therefore, Government is under heavy reasonability to keep a close watch on the production, demand and supply to ensure availability of the such items in the market on reasonable rates. The Government must take effective steps and should be vigilant to keep balance in the prices in the market and poor performance of the Government functionaries in respect of the sensitive issue, may badly affect good governance and in a democratic set up, may create unrest in the public which may lead to a serious political problem to run the Government. The concept of administrative law is that government must take certain measures in discharge of its functions under the law for the welfare of people and issue of prices certainly is linked with the welfare of people but due to the various factors in the private sector, Government may not have effective control on the prices, therefore, the exclusive responsibility for high prices and shortage, cannot be shifted to the Government and consequently this Court, in exercise of its powers under Article 184 (3) of the Constitution, may not pass an order which cannot be given effect and implemented in letter and spirit. The administrative actions and policies of the Government which relate to the enforcement of fundamental rights of the people and are of public importance, must be framed in consonance with the policy of law and mandate of the Constitution. The administrative policies having the force of law may not have complete immunity from the scope of judicial review of the superior Courts, therefore, the distinction is to be drawn in administrative actions and policies for the purpose of exercise of judicial powers by the Courts. The administrative policies to run the affairs of State in accordance with the law and Constitution if do not infringe the rights of people may not call for interference of the Courts and basic principle for exercise of judicial powers in respect of infringement of the legal rights, is that Courts must jealously guard the rights of the people but must not pass an order which cannot be given effect in true spirit of law; therefore, the Sort should not exercise judicial powers in a manner in which its authority becomes insignificant. The Courts are thus required to exercise judicial powers with reasonable restraint and must not pass an order, in futility, therefore, this Court in exercise of its power under Article 184(3) of the Constitution is not supposed to interfere in policy decision of administrative nature and the issue relating to the control of the prices in the market is not as such a pure legal or Constitutional problem rather due to the various reasons it has a mixed character of law and administrative policy. Be that as it may; the contention of the learned Attorney-General that policy matters are not as such adjudicatable by the Courts and this Court may not exercise the powers under Article 184(3) of the Constitution in such Matters, is not without force but we may point out that in the cases of breach of A fundamental rights of the people conferred under Articles 8. To 28 of the Constitution, this Court must not hesitate in exercising the powers under Article 184(3) of the Constitution and issue appropriate directions to the public functionaries and Government agencies to take necessary measures for the protection of the rights of people in the public interest. .6. The power under Article 184(3) of the Constitution is not at par to that of Article 199 of the Constitution for the reasons firstly, that the provisions of Article 184(3) are invoke able only in the matter of public importance and secondly, it must relate to the enforcement of fundamental rights and unless these two basic elements are there, the extraordinary jurisdiction of this Court Article 184(3) of the Constitution cannot be invoked whereas the individual grievance in respect of violation of any right, can be brought before the High Court under Article 199 of the Constitution.
The issue relating to the high prices particularly of essential commodities is concerned with every person and having immense public importance has direct nexus with the fundamental rights of the people including the right of life which is not only a right to live but it also includes right of clean water, fresh air, right of earning in lawful manner and need of basic facilities and necessities of life.
The Government is responsible to provide the basic necessities of life to the people at a fair and reasonable price and is under legal duty to frame a fair policy regarding production and supply of different commodities in the market. This is essential to control the black marketing and hoarding etc. To maintain the prices at reasonable level and Government without permitting monopoly must ensure free competition so that the prices may not be out of the reach of a common person. Be that as it may, since the control of prices depends on the production and supply of different items in the market, therefore, it may not merely an administrative matter to be dealt with through the machinery of law rather there are many other factors which play vital role to control the prices in the market and these factors are not in the exclusive control of Government, therefore, the use of machinery of law to control the prices in the market without increase in production to keep balance in demand and supply, would be of no significance. The prices in the market also cannot be controlled through a judicial order as the Courts are concerned only with the breach of legal rights either of an individual of collective rights of the people, therefore Supreme Court in exercise of its powers under Article 184(3) of the Constitution can only interfere and pass an appropriate order in a matter of public importance relating to the enforcement of fundamental right guaranteed under the Constitution. The judicial control in such matters is based on the fundamental principle inherent in the legal system that power of judicial review can validly be exercised with the limit of law and Constitution. In case of a breach of right of an individual, the provisions of Article 199 of the Constitution can be invoked for appropriate relief and if the breach is of the nature which has public importance and relates to the enforcement of a fundamental right, Supreme Court may in exercise of its power under Article 184(3) of the Constitution can take cognizance of the matter and pass appropriate orders. In view of the nature of issues raised in the present case and the circumstances in totality,' it can easily be ascertained that the increase in prices in the market is not only on account' of administrative policy regarding price control of the Government rather there are number of other reasons and factors in the public and private sectors which are major causes of the high prices, therefore, the real remedy to solve this problem lies in framing the short and long term policies by the concerned departments, agencies and institutions of the Government, responsible to control the affairs relating to production and price control in the public and private sector with the association and cooperation of the persons engaged in production and supply of the essential commodities and consumer associations. The Government should also take effective steps in short and long terms, to regulate the prices through the machinery of law.
7. The Court also having taken notice of the policy of C.D.A. Regarding vegetable and Orchard farms which have been leased out under Agro Farm Scheme introduced by the C.D.A. In the area of the Chack Shahzad, Islamabad for the purpose to make the capital city self-sufficient in the supply of vegetable, poultry food and fruits, directed C.D.A. To explain the public utility of these forms as there is acute shortage of these items and further the residents of Islamabad are not getting fresh vegetables and fruit at reasonable prices. In pursuance of the order of this Court, C.D.A. Instead of taking remedial measures to make the Agro Farm Scheme more beneficial to the purpose, issued notices to lease holders for cancellation of their leases and thereby caused unnecessary harassm ent. The purpose of the Agro Farms Scheme was to make the capital city self-sufficient in growing vegetables, fruits and poultry food but instead of achieving this purpose, the use of Agro Farms, has been diverted to other purposes beyond the scope the scheme. The use of land leased out far Farming under Agro Farming Scheme for other purposes is due to the ineffective policy of C.D.A. And lack of proper administration. It appears that due to the neglect of C.D.A. To provide the basic facilities including source of irrigation water to develop the Farming Scheme, the lease holders instead of concentrating on Farming, preferred to built only a Farm-house for their residence without proper utilization of leased land. The failure of C.D.A. To manage the affairs of Scheme in question in accordance with law and rules is a matter which relates to the administrative control of the Government and this Court may not interfere in such affairs of the Government. The individual lease holder may in case of any breach of a legal right avail an appropriate remedy provided under the law and similarly in case of breach of condition of lease C.D.A. Can take appropriate action in accordance with law, but neither the C.D.A. Merely on the basis of presumption of breach of condition or rules on the subject is justified to proceed against a lease holder and taken coercive measures for cancellation of lease on the assumption of violation of terms of lease not a lease holder taking undue advantage of the situation is supposed to frustrate the scheme and misuse the leased land for a purpose other than farming.
' Be that as it may, since the Agro-farm Scheme was established under the C.D.A. Ordinance, 1960, read with Regulations framed thereunder, on the land owned by C.D.A., therefore, it is the exclusive duty and responsibility of C.D.A. To control and regulate the affairs of this scheme in accordance with the rules. The land leased out under C.D.A. Ordinance, 1960, for Agro Framing is owned by C.D.A.
And is public property, therefore, neither the leased land can be used for any other purpose nor Agro Scheme can be converted into any residential or commercial use by the lease holders and C.D.A. Without making any change in the scheme, must adhere to the strict compliance of the policy of law. The Agro-farm leased land neither can be converted into the ownership of lease holder nor it can be put to any other use without the Act of Parliament, therefore, the C.D.A. Must take appropriate measures for proper utilization of Agro-farm Scheme. This Court being conscious of the area of its jurisdiction may not enlarge the scope of Article 184(3) of the Constitution to control the administrative affairs of the Government and interfere in the policy decision but the interference of this Court in the matter relating to the breach and enforcement of the fundamental right of people at large scale is always justified. However, this is settled principle that Courts must not act in departure to the settled principle of judicial norms or in aid of administrative policy of executive authority or as social reformer rather must confine itself within the domain of law and mandate of the Constitution.
In view of the above, we in exercise of our powers under Article 184(3) of the Constitution read with all other enabling provisions, direct that C.D.A., Islamabad, shall provide under Agro-farm Scheme proper facilities to the lease holders/owners of the farm houses and instead of causing harassm ent to them should improve the Scheme in accordance with the C.D.A. Ordinance and rules framed thereunder. In consequence thereto, the notice for cancellation of leases issued by C.D.A. In pursuance of the observation of this Court would have no legal effect and significance.
8. The Agro-Farm Scheme was prepared by C.D.A. On the land acquired under C.D.A. Ordinance, 1960, in Zone 4 and according to the rules framed thereunder, a minimum size of Agro-farm was 2 and a half acres of land. This Framing Scheme was also made applicable to the private land in Zone 4 with the same condition to develop same size of Agro Farm without providing the necessary facilities of electricity, source of irrigation water i,e, tube well schemes etc. Or construction of small dams or rainy water, grant of small agricultural loans and such other incentives as a result of which the private and lowers in Zone 4 particularly the small land owners (less than. 20 Kanals) have neither been able to develop the Agro-farms nor could utilize their land for any other purpose due to the ban imposed on construction by the. C.D.A. The purpose of introducing Agro Farms Scheme in Zone 4 was to supply agriculture products to the city of Islamabad at low prices and also to develop the rural area but this purpose has not been achieved firstly for the reasons of not providing the necessary facilities required for agricultural development and secondly due to the restriction of minimum size of Farm of 20 Kanals as majority of the people in the area are owners of less than 20 kanals. The C.D.A. Instead of introducing a proper scheme for the purpose of developing the Farming on the private land in Zone 4, has curtailed the right of people of utilizing their private land in a useful manner. The unreasonable restriction imposed on the construction in the area on the basis of Farming Scheme, resulted in unplanned growth of houses and other construction of property. The use of private property for lawful purpose subject to reasonable restriction imposed by law is fundamental right in terms of Article 23 and 24 of the Constitution,, which cannot be denied by imposing unreasonable and unjust restriction. The application of Farming Scheme of C.D.A. In Zone 4 on private lands with imposition of restriction on any other sort of construction, other than a Farm-house, has not only effected the rights of small and owners but almost in whole of the Zone 4 on sma ll pieces of land, the industrial houses and shops have been constructed and this growth of uncontrolled Abadi in the area has practically negated the concept of development of Agro-farms in Zone 4 on the private land, therefore, it is necessary that the proper residential and commercial construction should be allowed in the area of zone 4 in which the implementation of framing scheme is not possible so that further uncontrolled growth of unplanned construction of houses/Abadies and commercial building without proper sanitation, sewerage systems, roads and other necessary facilities of life, can be controlled.
9. The main purpose of C.D.A. Ordinance was to plan and develop Islamabad in 'a proper manner and. C.D.A. Has to take effective steps to facilitate the people to develop the private owned area to integrate with the rest of development area' and to achieve this purpose, irregular uncontrolled and unplanned construction is to be avoided. It is thus essential to frame regular housing and commercial scheme in the area of Zone 4 which cannot be utilized for Farming and in the area in which Farming is possible, minimum size of 4 Kanals of Farm is. Feasible to make the scheme practicable. The C.D.A. Has no unlimited and unlimited and undefined powers to impose restriction on the use of private land in the capital area in an unreasonable manner without carrying out the purpose of C.D.A. Ordinance. The law does not authorize the C.D.A. To deprive the owners 'of property to use it in lawful manner and thus without the acquisition and payment of compensation no scheme can be prepared by any authority on the private land detrimental to the interest of owners, therefore, C.D.A. May either acquire the land for the purpose of a scheme and earmark.' The land for such scheme or remove the unreasonable restriction for not using it for any other purpose except the Agricultural Farming.
This is noticeable that C.D.A, by introducing Agro-farm Scheme in Zone 4 on C.D.A. Land, provided the facilities of road, electricity, and installation to tube well etc. Whereas no such facility has been provided in the area of private owned land of Zone 4 of encourage the Farming on private land and mere application of Agro Scheme on the land not owned by the C.D.A. By way of issue of a notification would not be sufficient to fulfil the requirement of law.
10. Under the C.D.A. Zoning regulations for Islamabad Capital Territory, planet housing is permitted in Zones 2 and 5 whereas the land in Zone 4 under the regulations can only be utilized to establish Agrofarm of the size of 20 Kanals with permission for construction of a Farm house and additionally, C.D.A. Has also established some model village in this Zone. Islamabad is 'a small city and zone 4 is almost part of main city, therefore, ground reality of its location being nearest to central places of Islamabad, has converted the Agro-farm Houses constructed on leased land into palatial residences for the rich while the privately owned land in Zone 4 is gradually mushrooming into unplanned slumps. These slumps of unplanned development are visible along with the left side of highway between Faizabad and Kanal Chowk (Airport Chowk) and all other main roads in Zone 4 of Islamabad Capital Territory. It is noticeable that on the one hand C.D.A. Has not been able to enforce/encourage planned development in Zone 4 and on the other hand, has not permitted the regular construction on the private land. The indifferent attitude of C.D.A. Has forced the landowners in Zone 4 to go, for haphazard construction, which is destroying the character of Islamabad Capital Territory.
In the recent past, the C.D.A.', realizing the factual position and discriminatory treatment with the private land owners in Zone 4, has permitted planned construction in the few left over areas along with Highway Road and all main roads of Zone 4 vide Gazette Notification S.R.O. 670(I)/2007 dated 26-6-2007. This notification is not being given effect in letter and spirit and people have numerous complaints that C.D.A. Staff is not facilitating approvals for construction on private land in these area and has made the notification practically ineffective as a result of which, the land owners are carrying irregular construction, therefore, the Chairman C.D.A. While taking stern action against such a negative attitude of the staff should proceed either for framing the separate bye-laws for Zone 4 or apply the existing by-laws in this Zone with necessary amendment.
11. In the area of Zone 4 in which the notification referred to above is applicable, if necessary amendment is not made in the bye-laws and C.D.A. Building Regulation, the entire area will surely be covered by unplanned construction. The area of zone 4 in which majority of land owners do not own 20 Kanals of land or not owner of 20 Kanals of land in a compact block, therefore, will remain deprived of the benefit of the Agro Framing Scheme if the scheme is not suitably., amended to reduce the size of farms and the land owners are not provided all necessary facilities to develop such Agro Farms.
In nutshell in the light of foregoing discussion, we find that existing bye-laws and Farming Scheme made applicable to the private land in Zone 4 is unjust, unreasonable and being discriminatory, has no legal force and we declare accordingly. In consequence thereto, the C.D.A. In implementation of this order shall take immediate action as under:--
(1) The Gazette of Pakistan Notification S.R.O. 670 (1)/2007 shall be implemented in letter and spirit and landowners in Zone 4 Islamabad shall be facilitated in getting necessary approvals for development/construction on the private land falling within the purview of notification referred to above.
(2) The building bye-laws of C.D.A. Shall be made applicable to Zone 4 which necessary and suitable amendment as per need of the area and shall be published in the Electronic and Print Media for information of public in general within one month.
(3) The existing Abadies and construction in Zone 4 either residential or commercial, raised in violation of bye-laws and rules referred to above shall be regulated in a proper manner by the C.D.A. With the consultation of Rural Development Department of ICT and representatives of union councils.
( ) Subject to the bye-laws and building regulations and approved site plan by the C.D.A., the private land owner in Zone 4 Islamabad shall be allowed to raise residential and commercial construction like other areas and Zones of Islamabad.
(5) The land which is surrendered by Abadies or which cannot be utilized for Farming shall be allowed for the construction of housing colonies and commercial building by preparing regular scheme to avoid irregular construction of houses, plazas and shops in the area.
(6) The provision in respect of the size of farm houses of 20 Kanals shall apply only to the C.D.A.
Owned land and shall have no application to private land. The private landowners in Zone 4 shall be entitled to establish Agro Farm of minimum size of 4 Kanal and can also utilize/develop their land for any lawful purpose including the construction of houses and commercial building subject to the bye-laws and regulations as well as approved site plan from C.D.A.
(7) In the light of the above directions, the C.D.A. Shall amend the rules accordingly to bring the same in consonance to the purpose of C.D.A. Ordinance and to the spirit of law and Constitution.
12.With a view to control the prices, the following measure are required to be taken by the Ministry of Food, Government of Pakistan, and Provincial Food development as well as the Law Enforcing Agencies to achieve the goal:--
(1) The price control system should be activated by the Ministry of Food and Agriculture, Government of Pakistan and Food Department in the Provinces through the machinery of law to ensure that the prices in the market area at reasonable level.
(2) The concerned authorities in the Federal and Provincial as well as Local Government should take preventive measures to control hoarding, black-marketing, over charging, storage and artificial shortage of commodities in case of any breach must take strict action in accordance with the law.
(3) The retailers and whole-sellers in the market should be bound to affix the price list of essential commodities outside their shops and business places.
(4) The Government must establish maximum number of utility stores in each town and city to provide the items of food etc. At law prices.
(5) The Federal and Provincial Governments, through the Secretary Interior and Chief Secretaries in the Provinces, must arrange special teams to put proper check on the artificial increase in the prices and storage etc.
(6) The Federal and Provincial Governments shall establish regulatory system for the convenience of public in general and provide necessary facilities to the produces of essential commodities in the public and private sectors as incentive to encourage them to achieve the maximum target.
(7) The Federal Provincial Governments will take necessary steps for enacting consumers laws and establish the consumer Courts in the public interest with Local Governments, should encourage consumer associations to control the supply of essential commodities at local level on fair price and in case any breach, must take appropriate action in accordance with law.
13. The copy of this order shall be sent to the Secretary 'Food and Agriculture, Secretary Cabinet and Secretary Interior, Government of Pakistan. The copy of this order shall also be sent to the Chief Secretaries of the Provincial Governments and Chairman C.D.A. For necessary compliance and implementation. This Suo Motu case stands disposed of with the direction that comply report shall be submitted to the Registrar of this Court within a month for perusal in Chamber. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.