ISLAMABAD: The Lahore High CourtRawalpindibenchonMonday dismissed a petition filed by a former minister of Azad Kashmir seeking a halt to a drive to retrieve plots illegally occupied by him.

LHC Justice Jawad Hassan after preliminary hearing of the petition ruled that since the petitioner was found to have encroached on private land, in the light of the judgements laid down by superior courts, he was not entitled to any interim relief.

The petitioner, Mushtaq Minhas, had been issued notice by the Punjab Housing and Town Planning Agency (PHATA) for removal of encroachments from the plots illegally occupied by him in Media Town.

The letter said: `It has been found that although you own three plots measuring 10 marlas each, however, as per approved Lay Out Plan, the actual facts collected during site visit, you are actually in possession of an area of five plots, hence, you have encroached area of two plots.

PHATA directed him `to voluntarily remove the aforementioned encroachments` and warned that in the case of failure `PHATA will conduct a full fledged operation through Administration and Law Enforcement Agencies. Moreover, the Managing Committee of Rawalpindi Press Club Cooperative Housing Society, the office of Punjab Journalists HousingISLAMABAD: The Lahore High CourtRawalpindibenchonMonday dismissed a petition filed by a former minister of Azad Kashmir seeking a halt to a drive to retrieve plots illegally occupied by him.

LHC Justice Jawad Hassan after preliminary hearing of the petition ruled that since the petitioner was found to have encroached on private land, in the light of the judgements laid down by superior courts, he was not entitled to any interim relief.

The petitioner, Mushtaq Minhas, had been issued notice by the Punjab Housing and Town Planning Agency (PHATA) for removal of encroachments from the plots illegally occupied by him in Media Town.

The letter said: `It has been found that although you own three plots measuring 10 marlas each, however, as per approved Lay Out Plan, the actual facts collected during site visit, you are actually in possession of an area of five plots, hence, you have encroached area of two plots.

PHATA directed him `to voluntarily remove the aforementioned encroachments` and warned that in the case of failure `PHATA will conduct a full fledged operation through Administration and Law Enforcement Agencies. Moreover, the Managing Committee of Rawalpindi Press Club Cooperative Housing Society, the office of Punjab Journalists HousingFoundation and Cooperative Department will extend full cooperation to PHATA for the purpose of anti-encroachment operation.

The agency warned him that he `would be liable for any damage or loss caused as well as the financial cost etc to be incurred in the operation for removal of the encroachments.

The petitioner`s counsel Taufique Asif argued that the notice, dated February 18, 2025, was unlawful and issued without providing them an opportunity for a hearing as required under Sections 32 and 33 of the Punjab Housing and Town Planning Agency Ordinance 2002.

The counsel maintained that the action taken by PHATA was in violation of legal provisions and due process.

However, Assistant Advocate General Punjab Abid Aziz Rajori defended the issuance of the notice, asserting that it was in compliance with previous court orders in which the authorities concerned had been directed to ensure the removal of encroachments and hand over possession of the plots to the lawful allottees.

Interestingly, the chief minister has also started a mass-scale antiencroachment drive across the province.

Justice Hassan, after reviewing arguments from both sides, ruled that the notice was issued in line with prior judicial directives and that no interference was warranted under the doctrine of judicial estoppel.