Non-conforming use: Court moved against evacuating Jinnah Institute
JI head Sherry Rehman says institute is a non-profit; moving to commercial area presents security risk
JI head Sherry Rehman says institute is a non-profit; moving to commercial area presents security risk . PHOTO: IHC WEBSITE
ISLAMABAD:
The Islamabad High Court issued a notice to the Capital Development Authority (CDA) on Wednesday on a petition filed by Jinnah Institute Trust (JIT) head Sherry Rehman against an eviction notice by the civic agency for non-conforming use of property.
Justice Aamer Farooq issued the notice to the CDA for May 13.
Rehman, a Pakistan Peoples Party’s stalwart, has approached the court against the eviction notice, saying that shifting the JIT office from a house in Sector F-6/1 to a commercial area would increase the risk of exposure of dignitaries to terrorist attack and would put civilians and the general public in harm’s way.
In her petition, the PPP senator said that the institute engages policymakers, government, media organisations, civil society, state institutions and academia with a view of maximising space for its intellectual and advocacy products at the national, regional and global level.
She said that JIT is a non-profit organisation and is not conducting any business or trading activity.
Rehman said that she was given an eviction notice on December 5, 2012 under non-conforming use of residential house, adding that she was issued a show cause notice on two years later and was ordered to appear in person before a CDA deputy commissioner.
Later, she stated, building control section of the CDA sealed the house, which was de-sealed after the commissioner imposed a fine of Rs500,000.
She has maintained that there has never been any formal complaint against the petitioner by any of the neighbours. Besides, she added, the premises are not used for commercial purposes as the aim is not to make profit, hence it does not violate non-conforming use rules.
Apart from the exposure to terrorist attacks, the petitioner said, the premises contains data and documents which can be deemed confidential and moving them to a commercial plot would increase the security risk.
Rehman maintained that no public disturbance is caused by the premises, which includes a large parking space for visiting dignitaries. She also said that the plaintiff cannot operate in a commercial area due to inflated commercial rents.
According to a list submitted in the Supreme Court by the CDA, she said 45 houses continue to being used as government offices, and that 44 foreign missions based in residential units are blocking roads for security reasons.
Further, she stated that the list also includes foreign NGOs. She termed CDA actions “blatant discrimination towards the plaintiff due to her political affiliation, as the aforementioned institutions have escaped the wrath of CDA eviction notices”.
She also said that the CDA issued an eviction notice negligently as the Supreme Court’s September 2015 order refers to the use of residential units for commercial purposes.
Among the prayers, she has asked the court to direct CDA to allow her to use the premises and not be harassed to vacate the premises. Moreover, she prayed that a reasonable time be given to vacate the premises, like other educational institutes in the capital.
Published in The Express Tribune, May 12th, 2016.
The Islamabad High Court issued a notice to the Capital Development Authority (CDA) on Wednesday on a petition filed by Jinnah Institute Trust (JIT) head Sherry Rehman against an eviction notice by the civic agency for non-conforming use of property.
Justice Aamer Farooq issued the notice to the CDA for May 13.
Rehman, a Pakistan Peoples Party’s stalwart, has approached the court against the eviction notice, saying that shifting the JIT office from a house in Sector F-6/1 to a commercial area would increase the risk of exposure of dignitaries to terrorist attack and would put civilians and the general public in harm’s way.
In her petition, the PPP senator said that the institute engages policymakers, government, media organisations, civil society, state institutions and academia with a view of maximising space for its intellectual and advocacy products at the national, regional and global level.
She said that JIT is a non-profit organisation and is not conducting any business or trading activity.
Rehman said that she was given an eviction notice on December 5, 2012 under non-conforming use of residential house, adding that she was issued a show cause notice on two years later and was ordered to appear in person before a CDA deputy commissioner.
Later, she stated, building control section of the CDA sealed the house, which was de-sealed after the commissioner imposed a fine of Rs500,000.
She has maintained that there has never been any formal complaint against the petitioner by any of the neighbours. Besides, she added, the premises are not used for commercial purposes as the aim is not to make profit, hence it does not violate non-conforming use rules.
Apart from the exposure to terrorist attacks, the petitioner said, the premises contains data and documents which can be deemed confidential and moving them to a commercial plot would increase the security risk.
Rehman maintained that no public disturbance is caused by the premises, which includes a large parking space for visiting dignitaries. She also said that the plaintiff cannot operate in a commercial area due to inflated commercial rents.
According to a list submitted in the Supreme Court by the CDA, she said 45 houses continue to being used as government offices, and that 44 foreign missions based in residential units are blocking roads for security reasons.
Further, she stated that the list also includes foreign NGOs. She termed CDA actions “blatant discrimination towards the plaintiff due to her political affiliation, as the aforementioned institutions have escaped the wrath of CDA eviction notices”.
She also said that the CDA issued an eviction notice negligently as the Supreme Court’s September 2015 order refers to the use of residential units for commercial purposes.
Among the prayers, she has asked the court to direct CDA to allow her to use the premises and not be harassed to vacate the premises. Moreover, she prayed that a reasonable time be given to vacate the premises, like other educational institutes in the capital.
Published in The Express Tribune, May 12th, 2016.