The Capital Development Authority (CDA) moved the Islamabad High Court (IHC) seeking action against the owner of a private housing society in a tree-chopping case under the Martial Law Regulations.
CDA’s Environment Directorate petitioned before the IHC against the order of the additional district and sessions judge (ADSJ) granting bail to Chaudhry Mohammad Usman, owner of Ghauri Town housing society.
ADSJ Awais Mohammad Khan last week suspended the order of CDA’s senior special magistrate who sentenced the chief executive (CE) of Ghauri Town Usman to three years imprisonment, imposed a fine of Rs1.5 billion for chopping the trees in Sector 8 of the society. CDA wants martial law regulations invoked in tree felling case
Qazi Adil Aziz, counsel for Usman, challenged the conviction before the ADSJ Awais Mohammad Khan.
The counsel argued before the court that CDA’s magistrate failed to appreciate evidence in its true perspective and convicted his client in a summary trial, without giving him ample opportunity of defence.
ADSJ Khan suspended the sentence and ordered the release of Usman on bail against Rs600,000 surety bonds.
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Before the IHC, CDA’s counsel Husnain Haider argued that “under sub-clause 2 of section 6 of Martial Law Regulation No. 82 of 1960, the appellate authority was the commissioner.”
The council said the convict could only appeal before the commissioner Islamabad against the order of the senior special magistrate, but, he wrongly invoked the jurisdiction of the ADSJ’s court.
The counsel argued that the proceedings were without jurisdiction and this crucial factor had not been taken into consideration by the ADSJ.
IHC Chief Justice Athar Minallah after the preliminary hearing issued notice to the owner of the housing society and adjourned the hearing till October 26.
Justice Minallah also restrained ADSJ from proceeding in this matter till the next date.
3 CDA field officers suspended
Three field officers of the Capital Development Authority (CDA) were suspended for delinquency on Monday.
CDA Chairman Amer Ali Ahmed conducted surprise visits to various areas to review ongoing projects and found the three field officers delinquent. They were identified as assistant director Mohammad Altaf Milono, horticulture officer Mohammad Asif and sanitation inspector Mohammad Bashir.
Speaking to Dawn, the CDA chief said the suspended officers will be issued show-cause notices. He said action will be taken against all those who do not take their job seriously. CDA wants martial law regulations invoked in tree felling case
Meanwhile, the Enforcement Directorate on Monday conducted an anti-encroachment operation in Chontra area of Margalla Hills.
“Enforcement Directorate demolished 40 illegal rooms and other structures,” said a press release, adding Margalla Hills are a source of natural beauty and to maintain this beauty CDA is taking steps to improve the natural environment besides cracking down on encroachment.
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