Commercial use of land: SC asks CDA to remove discrepancies in laws

Orders CDA to prepare a report about discrepancies in its laws and discretionary powers.

ISLAMABAD: The country’s top court on Wednesday expressed dissatisfaction over a report submitted by capital’s civic agency as ‘inconclusive’ and ordered the city managers to examine discrepancies in its laws meant to deal with the commercial use of residential units.

A three-judge bench of the Supreme Court hearing a petition filed by a private firm running its business in a residential unit in Sector F-7/1, insisted that many questions raised during the previous hearing remained unanswered in the report presented by the Capital Development Authority before the court.

The court directed the counsel for the firm, Ali Raza to consult CDA and prepare a report about laws, discrepancies and discretionary powers CDA enjoys in this regard.

The court discussed two aspects of the case -- non-conforming use of residential units and blockades erected by several foreign missions, government departments and security agencies for security reasons hindering free movement of residents.

During the course of the hearing, Justice Jawwad S. Khawaja enquired from the CDA about number of applications submitted by individuals to obtain permissions for running businesses in residential areas. In response to this question, counsel for the CDA was unable to give the exact number saying such applications are received through the one-window directorate of the authority.

On this Justice Khawaja asked CDA to inform the court during the next hearing under which authority it is overlooking such a violation.

Justice Dost Muhammad questioned if there was a rule of law in the country or whether the powerful ruled.

Counsel for the CDA Hafiz Hifzur Rahman said under defined protocol the CDA could not take action against foreign missions established in residential areas. The Ministry of Foreign Affairs could take action against foreign missions, he maintained.

Justice Qazi Faez Isa observed that the authority was losing millions of rupees revenue it could earn by legalising commercial activities in residential areas.

CDA report

According to the report, submitted before the bench, roads and streets have been blocked at as many as 32 locations of the city.

Entrance streets to Judges Enclave and Ministers Enclave in Sector F-5/2 have been blocked for security reasons while three security agencies have blocked streets and roads at 12 locations of the city.

Roads which are blocked by the agencies for security reasons include Suharwardi Road along the ISI headquarters, service road south of Sector G-9/4 near FIA headquarters, service road east of Sector E-8, entrance of western service road of Sector E-7, northern service road of Sector E-7 and service road of Sector G-7.

Besides, Bahria University, Air University and National Defence University have blocked several roads between sectors E-8 and E-9.

Similarly, adjoining streets to some four foreign missions operating in residential areas have also been blocked.

Islamabad Police have also blocked double road between H-11/1 and H-11/4. Nescom, Pakistan Telecommunication Authority, Pakistan Atomic Energy Commission, American International School, Sheikh Zaid School, National Highway Authority, People’s Works Department and Marriot Hotel have also denied free movement to citizens under security garb.

The report says that the number of houses being used for commercial purposes is 2,075. It includes 392 schools, 175 guest houses, 110 beauty parlours, 99 hospitals and clinics, 308 furniture stores, 172 restaurants and hotels, 790 government and private offices and 16 foreign missions.

Majority of the violations are in the G and F series sectors.

The case was adjourned till January 16.

Published in The Express Tribune, December 18^th, 2014.