CDA director faces IHC contempt petition for not de-sealing K-P House

K-P government approached the Islamabad High Court after the CDA director ignored a court order issued a day earlier.


News Desk October 11, 2024

The Khyber Pakhtunkhwa (KP) government has filed a contempt of court petition against the Director of the Capital Development Authority (CDA) for failing to de-seal the KP House.

According to Express News, the K-P government approached the Islamabad High Court after the CDA director ignored a court order issued a day earlier.

The court had directed that the K-P House be de-sealed, prompting the provincial government to engage the relevant department.

The petition asserts that despite the court's clear directives, no action has been taken to comply.

It argues that all parties involved are obligated to adhere to the court’s ruling, and non-compliance constitutes contempt of court.

The court has been requested to initiate contempt proceedings against the relevant parties, specifically targeting CDA Director Javed Farooq for his inaction.

Islamabad High Court Intervenes in Khyber Pakhtunkhwa House Sealing

Earlier on Thursday, the Islamabad High Court (IHC) intervened in the dispute surrounding the Khyber Pakhtunkhwa House by accepting the provincial government's plea against the Capital Development Authority's (CDA) sealing of the facility.

Chief Justice Aamer Farooq deemed the CDA's actions unlawful, highlighting the lack of notice prior to the sealing.

This ruling underscored the importance of due process in administrative actions and the need for transparency in governmental operations.

During the proceedings, the court examined the arguments presented by the CDA's counsel, who asserted that illegal constructions had taken place at the Khyber Pakhtunkhwa House.

Additionally, the counsel claimed that there were outstanding dues associated with the property.

However, the IHC noted that the CDA was unable to produce any evidence of a notice concerning lease violations prior to sealing the property, particularly the 2014 notice mentioned in their argument.

The Advocate General of Khyber Pakhtunkhwa took the opportunity to reassure the court that the issues regarding dues and the lease would be addressed promptly.

He emphasised the provincial government's commitment to resolving the outstanding matters, thereby reflecting a willingness to cooperate with the CDA. Chief Justice Farooq acknowledged the situation, stating that sealing a provincial house was a significant embarrassment and calling for the CDA to uphold the law without any bias or apparent targeting.

Following the IHC's directive, the CDA was ordered to take immediate steps to de-seal the Khyber Pakhtunkhwa House.

This decision marked a critical moment in the ongoing dispute, reflecting the court's commitment to ensuring fairness in administrative actions and safeguarding the rights of provincial governments in Islamabad.

CDA Takes Action Against Khyber-Pakhtunkhwa House

Previously, the Capital Development Authority (CDA) carried out the sealing of the Khyber-Pakhtunkhwa House in Islamabad following a series of building regulation violations.

This enforcement action saw multiple blocks of the facility closed, indicating the seriousness of the breaches reported by the authority.

The decision to seal the property was made after a thorough review of the management's compliance with established building rules.

CDA sources revealed that the agency had repeatedly notified the Khyber-Pakhtunkhwa House management about the necessity of adhering to building regulations.

Despite multiple warnings, the management failed to rectify the situation, leading to escalating concerns about safety and compliance within the premises.

The CDA had expressed dissatisfaction with the management's lack of response to previous notices.

The CDA had issued several notices demanding the renewal of the lease, which was issued on May 3 of this year.

However, the management did not take any steps to address the lease's expiration or the associated regulatory issues.

This inaction prompted the CDA to proceed with sealing the property, as it viewed the ongoing violations as unacceptable.

During the sealing operation, Special Magistrate Sardar Muhammad Asif oversaw the process, supported by Assistant Commissioner Abdullah and a team from the CDA.

Their collective efforts ensured that the operation was conducted smoothly, reinforcing the authority's commitment to upholding building regulations in the capital.

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