Non-conforming use: SC seeks report from CDA on actions taken against violators

Asks why IG’s offices, embassies still operate in residential areas.

ISLAMABAD:

The country’s top court on Tuesday directed the civic authorities to submit a detailed report about action taken against non-conforming use of residential houses so far, while expressing displeasure over delays in implementing its orders.

The court also asked the Capital Development Authority (CDA) why the offices of inspectors-general of police and the National Highways and Motorway Police (NHMP) were housed in residential units.

A three-judge bench of the Supreme Court, headed by Justice Jawwad S Khawaja, asked both the civic agency and the petitioner -- a private construction company -- to submit their replies about action taken against non-conforming use of houses so far and adjourned its hearing till first week of April.

It also asked the CDA to inform the court why some embassies have not been relocated to their allocated plots.

Ali Raza, counsel for the petitioner, maintained that the civic agency had taken no action against the offices of some political parties housed in residential units.

He said offices of various political parties including the ruling Pakistan Muslim League-Nawaz (PML-N) and Pakistan Tehreek Insaf (PTI) were also located in residential areas.

Raza said the CDA had served a notice on the NHMP chief about the land use violation in 2002, but the office was still in the same residential area. He maintained that the office of the Islamabad police chief was also located in a house and the street has been closed to secure it.

Upon this, the judges asked why the CDA had allowed the IGs office to violate its rules.

SA Rehman, counsel for CDA, informed the court that the civic agency had issued a notice to deputy commissioner on February 12 to relocate the offices from residential areas.

The counsel said that a number of departments were created but their offices were not built in the past. He added that even the Islamabad High Court was housed in the complex meant for the district courts. He said an IG office was also under construction.

The bench, however, said that the CDA was established in 1960 and planning the city was its responsibility.

Justice Khawaja also lamented that only the privileged class could reside in the capital, adding that the city even lacked a proper public transport system.

Rehman also informed the court that the civic authority had established a public complaint cell regarding non-conforming use of residential quarters. He said nine complaints had been received so far. He also said that the civic agency will publish 2,262 cases of non-conforming use on its website.

Published in The Express Tribune, March 18^th, 2015.