16 April, 2026
By Hafiz ullah Storai Sherani
ISLAMABAD
The Federal Constitutional Court (FCC) while hearing a case regarding the regularization of informal settlements (katchi abadis) in Islamabad, has restrained the Capital Development Authority (CDA) from demolishing these settlements and evicting residents, maintaining the stay order.
The bench, comprising Chief Justice Amin-ud-Din Khan and Justice Syed Arshad Hussain Shah, directed the CDA to submit a comprehensive policy within four weeks. The court questioned why existing policies were not being implemented.
“A matter of rights, not mercy”
Highlighting the decade long struggle, Associate Advocate, Umer Ijaz Gillani, Associate Advocate, spoke to Voicepk.
“This case has been pending in the Supreme Court of Pakistan for the last 10 years, ever since the CDA brutally demolished the I-11 Katchi Abadi in 2015, leaving nearly 20,000 people homeless,” he said. “Those affectes and Dr. Asim Sajjad filed this case together. The Supreme Court had then ordered the CDA to refrain from touching any other settlement, and that order remains in effect today. Today is a historic day as the case was heard again and the stay order was maintained.”
“Our senior advocate Faisal Siddiqui told the court that we are not appealing for mercy but seeking legal and constitutional rights. He argued that under CDA’s own laws, it is their responsibility to either make these settlements habitable or provide alternative locations. Furthermore, the government and CDA have submitted responses over the last 10 years promising basic facilities and no evictions without alternatives. Can they now deny the statements given to the court? Providing life, equality, employment, and shelter to citizens is the responsibility of the state.”
During the hearing, the court was informed that over 400,000 people reside in Islamabad’s katchi abadis. Aasim Sajjad Akhtar, head of the Awami Workers Party (AWP), and affected residents maintained that despite being part of the Master Plan, no new policy has been formulated since 2016, leading to overnight demolitions.
Ammar Rashid, member of AWP and Alliance for Human Rights, welcomed the court’s decision.
“We have been pursuing this case for ten years. For a long time, it was ignored, during which the CDA brutally demolished many homes. We want the court to hold the CDA accountable for why it is not following judicial orders. We are certainly happy with today’s decision and hope that people’s homes and rights will be protected, and this will not happen again.”
CDA’s stance
On the other hand, CDA’s counsel, Qasim Chauhan, argued that the land allotted for these settlements is sometimes misused, with multiple houses being built for members of the same family, complicating regularization. He stated that the policy was delayed due to a change in the chairmanship but would be approved in the next CDA Board meeting.
Ahmed Ali, a resident of Shah Ilyas katchi abadi and a petitioner in the case who was present in court, expressed his concerns:
“Today’s decision was a very good one. In 2016, the court had also asked the CDA to make a policy, but they are not doing it. Despite the judicial stay order, our houses are being demolished. We are in fear; our children are mentally tortured and worried. We will be more satisfied when today’s decision is actually implemented.”
For the past several months, the CDA has been conducting operations in various sectors of Islamabad, demolishing settlements under the label of “illegal” structures. According to the CDA, only 10 katchi abadis in Islamabad are considered legal, while over 30 settlements are categorized as illegal, housing thousands of residents.