IHC sets aside verdict declaring Naval Farms, sailing club illegal

**Islamabad High Court Overturns 2022 Verdict Declaring Naval Farms and Sailing Club Illegal**

*Islamabad, Pakistan – 2024-09-05*

The Islamabad High Court (IHC) division bench has set aside a 2022 judgment that declared the Pakistan Naval Farms and the Pakistan Navy Sailing Club, located along Rawal Lake, illegal. The decision also nullified related orders for demolition, misconduct investigations, and financial assessments.

### Bench Composition and Decision

The division bench, composed of Justice Inaam Ameen Minhas and Justice Shahrukh Arjumand, dismissed the 2022 ruling issued by a single bench headed by former IHC Chief Justice Athar Minallah. The 2022 judgment had directed the demolition of the sailing club, initiated misconduct and criminal proceedings against former naval chief Admiral (retd) Zafar Mahmood Abbasi and other officers, and ordered the Auditor General of Pakistan to assess alleged losses to the national exchequer.

The bench also overturned the directive that the transfer of Naval Farms to the Pakistan Navy was illegal and the order to transfer the land into the name of the headquarters office.

### Grounds for Appeal

The appeals were filed by the Ministry of Defence, Admiral (retd) Zafar Mahmood Abbasi, and other affected parties. Counsel for the federation and the Ministry of Defence, Sardar Ahmed Jamal Sukhera, argued that the original petition concerned notices issued by Pakistan Naval Farms over alleged violations of building bylaws. He noted that the Directorate of Pakistan Naval Farms had informed the Capital Development Authority (CDA) in 2020 that residents were required to comply with building bylaws under a No‑Objection Certificate (NOC) issued by the authority. Notices were subsequently issued to residents, and the CDA was requested to take appropriate action.

Sukhera contended that the steps taken in 2020 addressed the principal grievance before the 2022 judgment was issued. He further claimed that the judgment contained findings against the armed forces that were unsupported by evidence and that the court had overstepped its mandate by deciding matters beyond the dispute’s scope. He also challenged the maintainability of the petition after amendments introduced objections concerning the sailing club, arguing that public‑interest litigation could not be maintained where the petitioner had a personal interest.

### Natural Justice and Due Process

In a separate appeal, counsel argued that the 2022 judgment violated principles of natural justice, due process, and fair trial. The judgment had adversely affected the vested interests of more than 100 club members, none of whom had been issued notices or made parties to the proceedings. Admiral (retd) Zafar Mahmood Abbasi presented additional evidence in support of the appeals.

After reviewing the arguments and the record, the division bench found that the affected parties had not been notified or given an opportunity to be heard, and that necessary parties had not been impleaded. Consequently, the bench allowed the intra‑court appeals and set aside the findings and directions of the 2022 single‑bench judgment.

### Outcome

The declaration that Pakistan Naval Farms and Pakistan Navy Sailing Club were illegal, the demolition order against the sailing club, the proceedings against Admiral (retd) Zafar Mahmood Abbasi and other officers, and the directions regarding assessment and recovery of losses to the national exchequer have all been nullified.

Representatives for the appellants included Ashtar Ausaf, Sardar Ahmed Jamal Sukhera, and Abdul Wahid Qureshi. The federation and other respondents were represented by the additional attorney general, assistant attorney general, and counsel for the CDA.

*This article is based on a report by PakTribune.*

Article and image source: paktribune.com