Dr Shahid Mehmood, Member (Planning), Capital Development Authority has appeared pursuant to order , dated 16.07.2020. He was asked whether the commercial building has been constructed by Pakistan Navy after getting approvals/NOCs required to be obtained under the Capital Development Authority Ordinance, 1960 and the regulations made thereunder . He was initially hesitant to answer the query . Howe ver, he later candidly conceded that no approval was obtained from the competent authority . He was asked whether the land occupied by Pakistan Navy has been allotted and if so, the allotment letter may be submitted. He stated that the land was not allotted.
The area is environmentally sensitive and it has been admitted that mandatory requirements, under the Environmental Protection Act, 1997 were not complied with before starting construc tion of the illegal building, which is purportedly being used as a club and that too for commercial purposes.
2. The statement made on behalf of the regulator i.e. the Capital Development Authority is indeed alarming and raises serious questions regarding status of rule of law and disregard for protecting an environmentally sensitive area from harm. The Capital Development Authority appears to have failed in its statutory duty or it is complacent.
It is noted that no one can be allowed to break the law. No one is above the law and every citizen has to be treated equally . It has been consistently observed that it has become a norm for the Capital Development Authority and other agencies to promptly take action against those who are common citizens and who do not have the means to influence, while the privileged and elites are being treated differently . This is unacceptable for a democratic polity governed under a Constitution and which guarantees fundamental rights.
3. Commander Khawar Zaman has appeared on behalf of the Chief of Naval Staff. He has sought some time to submit a report.
4. It is obvious from the above that, prima-facie, the occupation of the land and construction of building thereon are illegal and in violation of the enforced laws. It is, therefore, ordered that till the next date fixed the Federal Government, through the Secretary Cabinet, and the Chairman, Capital Development Authority shall seal the premises. The Secretary , Cabinet Division is directed to place the matter before the Federal Cabinet in its next meeting for consideration because the enforced laws are not being implemented and that enforcement has been confined to common citizens. This different treatment is unacceptable and has become a matter of routine in the past one decade. After the matter has been considered by the Cabinet, the Secretary , Cabinet shall submit a report on or before 30.07.2020, informing this Court regarding decisions taken by the Cabinet regarding the abysmal state of implementation and enforcement of enacted laws, which inevitably leads to violation of fundamental rights.
5. It has already been declared by this Court in the case titled "BNP (Pvt.) Limited v. Capital Develo pment Authority"[2017 PLD 81 Islamabad] that the Chairman, Capital Developme nt Authority and members of the Board are jointly and severally liable for any failure to enforce and implement the law. The Chairman and the Board members are directed to submit their separate affidavits explaining why proceedings may not be ordered to be initiated for what, prima-facie, appears to be gross negligence and dereliction of their statutory obligations or complacency . The Chairman, Capital Development Authority and the Secretary , Cabinet shall submit before the Registrar their respective compliance reports.