Islamabad High Court declares land transfer ban illegal

The Islamabad High Court (IHC) has declared unlawful an administrative ban imposed on the sale, registration and transfer of land in several areas of the federal capital, ruling that the restrictions lacked legal authority and were imposed without a valid notification.

In a detailed written judgement, Justice Muhammad Asif allowed a petition filed by a resident, Fazal Abbas, and held that restrictions imposed in areas including Shah Allah Ditta, Sarai Kharbuza and Sangjani had no legal status as they were based solely on a letter issued by the Capital Development Authority (CDA) rather than a formal legal notification, the 24NewsHD TV channel reported on Thursday.

The court directed authorities to process property registration and transfer matters in accordance with the law and established procedures. It observed that the authorities could not deprive citizens of their fundamental property rights under the pretext of curbing illegal housing schemes.

According to the judgement, a general ban imposed on an entire area based on a CDA letter was legally unsustainable. The court further ruled that verbal instructions issued by the Deputy Commissioner of Islamabad to sub-registrars and revenue officials were beyond the scope of the law.

Justice Asif noted that the administration had interpreted an earlier court order on its own and expanded its scope. The judgement clarified that the previous order was limited to preventing construction and sale activities linked to illegal housing schemes and did not authorise a blanket freeze on all property transactions.

The court emphasised that executive authorities are bound to implement judicial orders as issued and cannot modify or expand them through administrative directives. It also observed that neither the CDA Ordinance nor the Islamabad Zoning Regulations empowers the deputy commissioner to freeze private property.

The judgement stressed that any administrative action affecting the constitutional rights of citizens must be supported by clear legal authority. It held that a complete ban on property transfers violated the constitutional right to own, use and sell property.

The court further observed that imposing restrictions on all residents of an area instead of taking action against actual violators amounted to discriminatory treatment.

Referring to the petitioner’s circumstances, the court noted that Fazal Abbas, a permanent resident of Shah Allah Ditta, had been unable to manage financial affairs and medical expenses related to his mother’s kidney treatment because of the restrictions on his property. The judgement described this situation as unjust and disproportionate.

However, the judgement clarified that the ruling does not prevent the CDA or other authorities from taking action against illegal housing schemes. The court noted that the relevant institutions retain full powers to enforce the master plan, implement zoning regulations and demolish unlawful constructions.

The court concluded by directing authorities to continue action against illegal developments, but strictly in accordance with the law and due process.

Reporter: Ehtisham Kiani