IHC orders CDA to submit response over illegal buildings in capital

ISLAMABAD: The Islamabad High Court on Tuesday ordered the Capital Development Authority to submit a report listing names of all the buildings erected and occupied in the capital against rules and regulations.

The IHC hearing a petition filed by a citizen named Ehsan Maani against the CDA -- a constitutional petition filed by the purchasers of apartments in a 40-storey building, whose allotment was declared unlawful and of no legal consequence by the high court’s Justice Athar Minallah earlier in the month.

Justice Athar Minallah further ordered the CDA to ensure that no new buildings erected in violation of relevant rules and regulations are allowed to be used or occupied meanwhile.

The CDA and the Ministry of Interior were also ordered to file a report over the action taken to compensate those who had cumulatively paid hundreds of rupees for rights in the 40-storey building, situated just around the Constitution Avenue.

The petitioners also requested that the CDA performs its statutory duty and ensures that no building in Islamabad is occupied in violation of the law, rules and CDA regulations.

Advocate Supreme Court Ali Raza, during the hearing today, brought to notice that the petitioners had attached with the writ Petition a report of the CDA listing "some of the properties" built in Islamabad and occupied illegally.

Counsel for the petitioners contended that the judgment of IHC in the One Constitution Avenue matter was exemplary as it pushes for greater vigilance in matters of enforcement of rules and regulations by regulatory bodies.

 The court noted that the matter in the petition was not limited to the grievance of the 39 petitioners but was one of nonperformance of the statutory duties of the CDA.

According to the legal experts, this order can mean that the CDA will be issuing notices to all medium and high-rise buildings including Centaurus, Silver Oaks, Islamabad Stock Exchange building, UFone and other buildings to give a reason why they should not be sealed.