Civil Works Organization (CWO) vs The land Acquisition Collector, Islamabad S — 2025 MLD 176 ISLAMABAD

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Civil Works Organization (CWO) VS The land Acquisition Collector, Islamabad S. 21---Capital Development Authority Ordinance (XXIII of 1960), Chapter IV & Ss. 15 & 22 to 34---Land Acquisition Act (I of 1894), S. 4---Land acquisition in Islamabad---Acquiring Agency being a strategic organization under National Command Authority---No Objection Certificate (NOC) from Capital Development Authority---Only required for construction but not during acquisition proceedings---Petitioner/ Civil Works Organization (a strategic organization under supervision/management of National Command Authority ) assailed the letter issued by respondent / Land Acquisition Collector, whereby the petitioner had been directed to obtain NOC from Capital Development Authority (CDA) for acquisition of the property---Contention of the petitioner was that, there was no requirement of NOC from CDA as such the said claim was beyond legal authority of the Land Acquisition Collector; that the land was required for public purposes namely defence purposes, which did not fall within the requirement of Capital Development Authority Ordinance, 1960, which is only meant for planning and development of Islamabad within certain framework--- Stance of the CDA was that it being the master regulator of Islamabad Capital Territory, petitioner was bound to strictly follow and implement the master plan of CDA as every zone of CDA had its own purpose within the framework of regional development plan---Whether the Land Acquisition Collector could issue direction to obtain NOC from the CDA?---Validity---Record revealed that direction-in-question had been passed with reference to the direction passed vide an order having been passed in Writ Petition No. 2016 of 2021 titled as "Mst. Kaniz Fatima and others v. FOP and others---No doubt, Capital Development Authority Ordinance, 1960, deals with the development of capital in specified areas for which CDA has been equipped with certain powers, duties and functions---In order to manage all functions, the CDA can acquire the land in a specified area in accordance with the procedure laid down in Chapter IV of the CDA Ordinance, 1960, which is provided in detail under S.15 of the CDA Ordinance, 1960---Acquisition of land has separately been explained in Chapter IV, S.22 to S.34 of the CDA Ordinance, 1960, which provides procedure/powers relating acquisition---Regarding the direction-in-question, there is no power conferred to the Collector under Land Acquisition Act, 1894, to claim NOC from the beneficiary company as no provision authorises the Land Acquisition Collector to claim such NOC---However, after the construction of building on the acquired land, the NOC is to be applied from CDA for approval of construction made thereon subject to compliance of requisite formalities provided in the CDA by-laws so that any violation if made can be checked and settled accordingly---No doubt, the planning and development, even against the acquired land, is the domain of CDA, however, while comparing the provisions of CDA Ordinance, 1960, with National Command Authority Act, 2010 and earmarking the difference in the applicable area of both the laws which are special subject laws in their own policy mandate, S.21 of the NCA Act, 2010, provides overriding effect upon any other law for the time being in force and applicable to strategic organization---In such scenario, in case of interpretational dispute, strategic organization under NCA Act, 2010, shall prevail---However, situation-in-hand was entirely different, in which only NOC had been claimed from the strategic organization to complete the process of acquisition---Defence purpose is a public purpose and specifically notified under S.4 of Land Acquisition Act, 1894, by the concerned Land Acquisition Collector---Though the same was not provided in CDA Ordinance, 1960 scheme but it did not mean that strategic organization or defence forces were not allowed to acquire land within Islamabad Capital Territory---Even otherwise, the Land Acquisition Collector does not have any authority to ask for the NOC from CDA---Even the acquisitions done earlier by any agency other than CDA, NOC had never been required, especially, when the acquisition agency was fully competent---At the most, the NOC is to be considered against the application of by-laws of CDA on the property acquired by the Civil Works Organization, if any---Resultantly, the action proposed by Land Acquisition Collector was beyond his powers, therefore, the acquisition process should be completed forthwith under the law---High Court set-aside impugned letter of Land Acquisition Collector, ICT, seeking NOC from CDA, however, the CDA authorities were to issue NOC in accordance with rules / regulations after the conclusion of acquisition proceedings when any building or construction was to be made on the acquired land under the law and to decide any such request at the relevant stage---Constitutional petition was allowed accordingly.

Civil Works Organization (CWO) vs The land Acquisition Collector, Islamabad S — 2025 MLD 176 ISLAMABAD

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