Non-conforming use: CDA ordered to take on violators

IHC vacates stay orders obtained by violators for non-conforming use of their houses, directs CDA to take action.

ISLAMABAD:

The Islamabad High Court (IHC) on Friday vacated stay orders obtained by violators for non-conforming use of their houses and directed the capital’s civic agency to take action against them.

Justice Shaukat Aziz Siddiqui, vacated stay orders obtained by 74 petitioners from civil courts after receiving notices from the Capital Development Authority (CDA) for engaging in commercial activities in residential areas.

The court directed CDA Chairman Maroof Afzal and Administration Member Amir Ali Ahmed to take action against the violators and submit a report in one month. The bench also directed the petitioners to approach CDA.

Their cases had been pending in civil courts since 2001, after CDA served notices and fined homeowners for non-conforming use of their houses in violation of CDA’s by-laws. However, the authority failed to take action because of stay orders.

According to lists compiled by the building control section of the CDA’s Planning Wing the violators number 2,057. The violators include embassies, non-governmental organisations, the UN, political parties, media houses guesthouses, salons, seminaries and shops. A large number of educational institutes, hostels, private hospitals and clinics can also be seen on the list.

Sublet accommodation

In a separate case, the CDA administration member gave an undertaking that the authority would take action against CDA employees for renting out official accommodation in 15 days.

On May 15, the bench had ordered the housing ministry’s Estate Office to cancel the allotments of government housing to employees who had sublet their accommodations. The court had ordered CDA to demolish all illegal extensions made to government houses.

The court adjourned the matter till July 1, while directing the official to submit a report.

Published in The Express Tribune, June 7^th, 2014.