Court Directs CDA to Regularize Informal Settlements
ISLAMABAD: Pakistan's Federal Constitutional Court on Thursday ordered the Capital Development Authority (CDA) to finalize regulations for the regularization of informal settlements in Islamabad, responding to petitions against recent demolition drives in the federal capital. The directive comes as the CDA continues demolitions targeting informal settlements and historic villages, including Saidpur, Malpur, and Nurpur Shahan.
The hearing, presided over by Federal Constitutional Court Chief Justice Aminuddin Khan, saw lawyer Faisal Siddiqui representing the petitioners, while Qasim Chohan appeared for the CDA. Additional Attorney General Aamir Rehman also attended the proceedings.
Justice Khan questioned why regulations for informal settlements had not been finalized, to which the Additional Attorney General explained that delays occurred due to a change in the CDA chairmanship. He assured the court that a draft was ready and would be approved in the next board meeting.
The petitioner's counsel argued that evictions should not happen overnight. "This is Islamabad, not Gaza," Siddiqui said, urging the court to consider the residents' situation "not on account of mercy but as a legitimate right."
Key Claims and Figures
During the hearing, it was noted that approximately 400,000 people—about 50 percent of Islamabad's population—live in informal settlements. The Additional Attorney General acknowledged that while there are no slums designated in the CDA Master Plan, settlements established up to 1995 were recognized on humanitarian grounds.
Siddiqui highlighted that despite policies from 2001 and 2016, authorities continue to evict people. "If the policy exists, then what is the problem?" Justice Khan asked, to which Siddiqui responded, "The issue is implementation of the policy, which can be made possible through your order."
Emphasizing the need for humane treatment, the petitioner's counsel stated, "No one can be evicted without being provided an alternative place."
Perspectives
The court's directive acknowledges the legal and humanitarian complexities surrounding informal settlements in Islamabad. The CDA's position, as conveyed by the Additional Attorney General, indicates a willingness to regularize but cites administrative hurdles. The petitioner's arguments underscore the rights of residents and the need for policy implementation.
The Human Rights Commission of Pakistan has also appealed to the judges to uphold a 2015 Supreme Court stay order against summary evictions, reflecting broader concerns about the treatment of vulnerable populations. While the court has yet to issue a final ruling, Thursday's directive marks a significant step toward addressing the status of informal settlements in the capital.