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CJ IHC Athar Minallah orders demolition of Navy Sailing Club in three weeks

ISLAMABAD, Jan 07 (SABAH): The Islamabad High Court (IHC) announced on Friday its reserved judgment on the construction of the Navy Sailing Club, declaring it illegal and ordering its demolition within three weeks.

Announcing the verdict on the petition of a citizen, IHC Chief Justice Athar Minallah also sought a report on the implementation of the order.

The IHC CJ ruled that “the navy did not have the authority to engage in any real estate projects”, adding that the Capital Development Authority (CDA) did not have the authority to issue no-objection certificates (NOCs) to naval farms.

The CJ maintained that “Pakistan’s armed forces had an important status and their mandate has been defined in the Constitution”. He added that the navy did not have the authority to undertake real estate ventures and that the name of the entity cannot be used for real estate business.

The inauguration of the club by the former naval chief, Admiral (retd) Zafar Mahmood Abbasi was also declared unconstitutional by the court.

The court ordered to initiate “criminal” and “misconduct” proceedings against the former navy chief and others responsible for the construction of the “illegal” sailing club.

A day earlier, Justice Athar Minallah heard identical cases pertaining to the construction of the sailing club and naval farms and reserved the judgment after listening to arguments.

At the outset of the hearing, the chief justice asked the CDA member that the court wanted to clarify two points before announcing its verdict.

He asked whether the civic body issued a no-objection certificate to anyone despite there being no such provision in the law. The court further asked whether the constructions in Zone-IV could be made in 1994.

The CDA member planning adopted the stance that “at that time farmhouses had such permission”.

He further informed the court that the Naval Sailing Club was still sealed, adding that any building could be demolished if it violated the law.

To a query by the bench, the CDA member responded that if the NOC of a society was cancelled the authority used to take over the housing society and seal its offices. The court then asked why any action was not taken against the constructions around Rawal Lake.