An ordinance proposes a body for reclaiming properties of occupied states. A presidential proclamation signed and provided a proposed authority responsible for reclaiming “illegally occupied” public properties and assets broad legal and administrative powers.
The judgments and activities of the Federal Government Properties Management Authority, which is established under the ordinance, will typically not be questioned in a court of law.
The proposed body, which would be led by a director-general and governed by a board of three government and three private-sector members, will have powers such that “no court can impose any decision prohibiting the authority from removing encroachments from state territory,” according to the proposal.
The new authority will be vested with extensive legal and administrative jurisdiction.
A clause in the ordinance stated that “except as otherwise provided by this ordinance, no court or other authority shall have jurisdiction to question the legality of anything done or any action taken under the ordinance by or at the instance of the authority in good faith,” and that “no court or other authority shall have jurisdiction to question the legality of anything done or any action taken under the ordinance by or at the instance of the authority in good faith.” “In no event shall a court issue an order impairing the authority’s anti-encroachment operations.”
Getting rid of problems
“If any problem arises in giving harm to any provision of this ordinance, the federal government may, by the announcement in the official gazette, make such order, not conflicting with the provision of this ordinance, to overcome the difficulty,” the ordinance said.
The paper stated that the authority might create rules for carrying out its purpose and formulate regulations with the permission of its board, with the government’s approval and notification in the official gazette.
“If any property is used in violation of the ordinance or… any rule, regulation, or order, etc. made thereunder, the director-general or any person authorised by him or the authority in this behalf may, by order in writing, require the owner, occupier, user, or person in control of such property to remove, demolish, or alter the property or the use of it in such manner s,” according to the ordinance.
According to the ordinance, if an “illegal structure is created or an existing structure is tampered with, damaged, or altered concerning any property,” the responsible person or entity must correct it at their own risk and expense. In the event of non-compliance, the authority will perform the needed function, and the responsible person or entity will be liable for all costs incurred.”
According to the agreement, the cost will be recovered as arrears of land revenue or any other revenue collection method in place if the responsible person or entity is unable to bear it.
According to the ordinance, the authority will designate a director-general as its head for a three-year term that can extend for another three years.
The Authority’s Powers
The body will gather data on assets and properties of various government entities, recommend to the government that these assets be transferred to it for investment, and assume ownership of any asset handed to it, according to the ordinance’s terms.
The document stated, “The authority shall be a body corporate with perpetual succession and a common seal, with power and functions to acquire, hold, and use assets as provided by this ordinance.”
The authority’s headquarters will be in Islamabad, and it will be able to open as many offices as it needs throughout the country with the previous approval of the government.
“Before this, on July 7, the federal (government) approved the formation of a new authority tasked with the recovery of prime federal government properties situated around the country and eventually their disposal to generate funds,” the decree said.
Read more with EL news : CDA demolishes structures and clears encroachments