SC denies stay against IHC’s judgment in Park View City Housing Society.
ISLAMABAD – The Supreme Court of Pakistan yesterday refused to grant stay orders against the Islamabad High Court (IHC) judgment to restore the NOC of Pakistan Tehrik-e-Insaf (PTI) leader Aleem Khan’s Housing Society – Park View City.
A two-member bench of the apex court comprising Justice Umar Ata Bandial and Justice Muneeb Akhtar conducted a hearing of an appeal against the IHC judgment and issued notices to the respondents including Capital Development Authority (CDA).
During the hearing, Justice Muneeb Akhtar questioned that how the housing society obtained NOC? The defense counsel replied that after the apex court order 2008, NOCs were issued to many housing societies. He prayed to the bench to suspend the IHC judgment. However, Justice Bandial said that they could not grant a stay, as important questions have been raised in the High Court judgment. However, the bench accepted the appeal for further hearing. Then, the defense counsel said that after the IHC judgment, the CDA issued a notice to take over the housing society. He added that stay orders became necessary so that the CDA does not take over the society.
It was December 24 when the Islamabad High Court (IHC) declared the No Objection Certificate (NOC) given to Park View City Housing Society as illegal and void. IHC Chief Justice Athar Minallah in his judgment declared that land acquired under the Ordinance of 1960 vests in the State and it cannot be used, directly or indirectly, in violation of the scheme and provisions thereof.