BHC strikes down clauses of DHA Quetta Act
Top Story
December 18, 2020
ISLAMABAD: The Balochistan High Court (BHC) has declared certain clauses of the Defence Housing Authority Quetta Act, 2015 void, ruling that they violate the Constitution. It said that the Act shows the government of that time was incompetent
The provisions are Section 2(q), Section 6(b)(1)(14) and Section 14(B). A five-judge bench headed by Chief Justice Jamal Mandokhel heard the petition, which was filed by Advocate Kashif Kakar and Barrister Ali Zaidi, local media reported.
The order quoted the Act, which says that the executive board of the DHA had notified an area, calling it Controlled and Specified, of about 45,000 acres of land. The DHA intends to acquire this land to carry out planning and development on it.
The Balochistan High Court (BHC) on Wednesday declared certain clauses of the Defence Housing Authority (DHA) Act unconstitutional and null and void. BHC website/File
QUETTA: The Balochistan High Court (BHC) on Wednesday declared certain clauses of the Defence Housing Authority (DHA) Act unconstitutional and null and void.
A BHC bench headed by Chief Justice Jamal Khan Mandokhail and also comprising Justice Naeem Akhtar Afghan, Justice Hashim Khan Kakar, Justice Abdul Hameed Baloch and Justice Abdullah Baloch announced the verdict after completing the hearing of a constitutional petition filed by lawyer Kashif Kakar challenging the DHA Act, 2015.
The chief justice read out the verdict after listening to the final arguments from both sides and declared Clauses 2-q, 6b 1-14 and 14b of the Quetta DHA Act, 2015, null and void, saying these clauses were in clash with the Constitution of Pakistan.
Balochistan top court declares certain clauses of DHA Act unconstitutional
A five-member bench, headed by BHC CJ Jamal Mandokhail, annuls permission given to DHA for land acquisition
Balochistan High Court. PHOTO: FILE
QUETTA:
The Balochistan High Court (BHC) has declared certain provisions of the DHA [Defence Housing Authority] Act 2015 unconstitutional and annulled the permission given to the DHA for acquisition of land.
A five-member bench – headed by BHC Chief Justice Jamal Mandokhail and comprising Justice Naeem Akhtar Afghan, Justice Hashim Kakar, Justice Abdul Hameed Baloch and Justice Abdullah Baloch – announced the verdict on the plea of lawyer Kashif Kakar.
The court declared clauses “Six B 1-14, 14-B” unconstitutional while the permission given to the DHA executive board to use the specific area was also declared null and void.
Balochistan court strikes down sections of DHA Quetta Act
Calls government of that time incompetent SAMAA | Mujeeb Ullah - Posted: Dec 16, 2020 | Last Updated: 3 months ago SAMAA | Mujeeb Ullah Posted: Dec 16, 2020 | Last Updated: 3 months ago
Construction on DHA Quetta. Photo: Reporter
The Balochistan High Court has declared certain sections of the Defence Housing Authority Quetta Act, 2015 void, ruling that they violate the Constitution. It said that the act shows the government of that time was incompetent.
The provisions are Section 2(q), Section
6(b)(1)(14) and Section 14(B).
A five-judge bench headed by Chief Justice Jamal Mandokhel heard the petition, which was filed by Advocate Kashif Kakar and Barrister Ali Zaidi.Â