Nonconforming use: In hostel case, IHC puts CDA on notice

Bench directs city managers to submit reply to proprietors’ challenge

ISLAMABAD: The Islamabad High Court on Tuesday issued a notice to the Capital Development Authority (CDA) on several identical petitions pertaining to nonconforming use of properties in the city.

Justice Aamer Farooq issued the notice with directions to  the civic agency to submit a reply within a fortnight.

A total of 28 petitioners, including hostel owners, students and working men and women have, in three identical petitions, challenged the CDA’s notices which alleged nonconforming use and violations of the Islamabad Residential Sectors Zoning (Building Control) Regulations and the CDA Ordinance.

The petitioners, through their counsels Mohammad Akram Sheikh and Natalya Kamal, have approached the court and challenged the CDA’s notices alleging nonconforming use, violation of the regulations and the ordinance.

The petitioners said the authority issued notices and threatened the petitioners with demolition of their properties without mentioning the exact nature of the violations.

Sheikh said that the petitioners, being private individuals, have been providing accommodation in different sectors in their lawfully-constructed premises.

“The notice fails to indicate with clarity what is nonconforming use,” he stated, adding that the notices state that if the petitioners do not stop operating their hostels, the premises will be sealed and heavy fines will be imposed.

Sheikh said that the case of the petitioners is limited to the use of a residential building as guest houses providing accommodation and food, and not for any other purpose.

Instead of facilitating students, the respondents – the CDA Chairman, its building control director, and its enforcement director – he said,  have been issuing notices to the petitioners alleging non-conforming use and violation of laws.

The counsel said that the case of the petitioners is unique as they are using residential building as housing for students and young professionals from other cities and not for any other purpose.

They added that this was not an offence under any provision of law or the Constitution, and the same cannot be construed as “nonconforming” use.

“CDA has failed to prepare a comprehensive master plan since the inception of Islamabad, which is a mandate of section 11 of the CDA Ordinance 1960,” Sheikh claimed.

The petition added that most students cannot afford to live in guest houses or hotels and other commercial areas, while female students and working women cannot live in commercial areas as their security is matter of concern for themselves and their families.

Published in The Express Tribune, October 19^th, 2016.