ISLAMABAD – In a significant development for urban conservation, residents of PHA Officers Residencia have successfully obtained a stay order from a Civil Court in Islamabad, halting a controversial plan to convert open green spaces into new residential plots.
The legal victory comes after residents filed a civil suit challenging the proposed amendments to the society’s layout plan by the Capital Development Authority (CDA) and Pakistan Housing Authority-Foundation (PHA-F).
Barrister Umer Ijaz Gilani, the counsel for the PHA Officers Resudebcua argued that the authorities were planning to illegally amend the approved layout plan to create 33 new residential plots. These plots, he contended, would encroach on essential green areas used by children and residents, which also serve a crucial function in rainwater drainage and preventing urban flooding. Gilani emphasized that this move violates several laws and disregards precedent-setting judgments from the Supreme Court and Islamabad High Court that protect citizens’ rights to these spaces. The civil suit further highlighted that the plan breaches a prior agreement where residents paid over Rs. 503 million to PHA-F with the assurance that no further construction would occur on green spaces.
In court, PHA-F’s counsel admitted to a plan to utilize the empty spaces and suggested residents could file objections. However, the residents’ counsel countered that objections had already been filed, and the process was being conducted secretly, as no public notice was available on the CDA or PHA-F websites.
After hearing the arguments, Civil Judge Malik Aman granted the stay order, restraining the CDA, PHA-F, and other respondents from making any amendments to the layout plan or creating any third-party interest in the disputed land. The order will remain in effect until a proper public hearing is conducted and a speaking order is issued on the objections filed by the residents.
