Nonconforming use: Private schools, guesthouses seek exemptions from eviction

Say they need more time to relocate; CDA suggests they get stay orders from court


Shahzad Anwar December 01, 2016
oth the union leaders of the CDA were present in the meeting and assured their full cooperation in the development of the city. PHOTO: INP

ISLAMABAD: Private schools and guesthouses operating in residential areas have approached the Capital Development Authority (CDA) to exempt them from the authority’s’ ongoing operation against nonconforming use or at least grant them more time to relocate.

Representatives of schools and guesthouses held separate meetings with the CDA Planning member and the Building Control Section director on Thursday.

CDA officials, however, told the representatives of these establishments that they would have to vacate the buildings or face stern action in line Supreme Court orders.

Officials of the civic body further told them that the only way to get an exemption was an order from the Islamabad High Court.  Many private school owners agreed to provide the CDA with a copy of court orders today (Friday).

Earlier, the CDA had suggested that schools be given three years to relocate from residential areas, but the SC disagreed and directed the CDA to launch an indiscriminate operation against nonconforming use.

Earlier in September, the IHC had dismissed a petition by 70 guesthouse owners who, along with others, had challenged eviction notices by CDA for alleged nonconforming use. The verdict had paved the way for the civic body to launch a crackdown against businesses which were violating the building by-laws.

The Private School Association of Islamabad claimed that they had already obtained a stay order from the IHC.  The CDA must now examine how many schools are affiliated with it and if non-member schools can be sealed.

There are 359 private operating in residential areas of the capital, but the CDA has yet to launch a full-fledged operation against them and only two-or-three schools have been sealed by enforcement officials so far.

A CDA official told The Express Tribune on the condition of anonymity that the authority was considering multiple options before launching a full-fledged operation against private schools. Among the options under consideration is to act against nonconforming schools during the winter break.

Another option under consideration is to first take action against tuition centres and teaching academies, and then against the schools.

However, CDA Planning Member Asad Mehmood Kiyani told The Express Tribune that he had directed the relevant department to get these stay orders vacated so that firm action could be launched against them.

Published in The Express Tribune, December 2nd, 2016.

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