Over 2,000 residential units are being used for commercial purposes in capital. CREATIVE COMMONS
A local court on Wednesday gave three months to the city manager to close down commercial activities and misuse of residential buildings.
Islamabad High Court judge Shaukat Aziz Siddiqui dismissed 23 identical petitions filed by owners of the guest houses against Capital Development Authority’s (CDA) bylaws regarding non-conforming use of residential buildings.
“The petitioners have failed to make out a case for the issuance of the writ in their favour. The petitions are hereby dismissed with the directions to the respondent [CDA] to act in accordance with law and regulations,” the judge observed.
The judged directed the civic agency to stop commercial activities in residential areas including guest houses, restaurants, showrooms, beauty parlours and saloons, educational institutes, offices of TV channels, clinics.
“Article 4 and 25 of the constitution provides that every citizen is equal before the law, and if the petitioners want to protect their source of livelihood, they have the option to purchase land in commercial centres and establish their setups,” said the detail judgment.
On June 6, 2014, the same judge had vacated 70 stay orders obtained by different people from lower courts forestalling CDA action against use of residential properties for commercial purposes.
The civic agency had issued notices to the petitioners for using residential buildings for commercial activities on the directives of the IHC to take action against violators.
The petitioners again filed petitions in the court claiming that the CDA bylaws were in contravention of basic human rights.
According to the judgment: “No discretion lies with the civic body to allow non-conforming use and if powers permit so, they [will] lead to arbitrary exercise of authority, paving ways for corruption, and calling questions about the master plan. Therefore, the same are declared to be of no consequence. The CDA is not vested with powers to allow commercialisation of residential buildings offensive and invading to the sector/zonal master plan of ICT”.
The judgment further noted that the non-conforming use was certainly an offence under section 46 and 2.17 of the CDA bylaws.
According to the judgment, the Islamabad residential sector zoning regulations 2005 provides with penalty for the non-conforming use of the property which is also in accordance with the law and it is not discriminatory in any manner whatsoever.
Justice Siddiqui noted that the CDA was established in 1960 to manage the establishment of a state-of-the-art city. But it appears that the authority has failed or reluctant to discharge its obligations as a number of commercial activities have commenced right under its nose.
“Only when some matter comes before the courts and direction issued, then the authority shows some fake progress and thereafter shuts its eyes,” the judge said adding that it appears that either the authority was helpless to respond to the violations or it has given the consent to such activities for ulterior motives.
Statistics of illegality
According to CDA record 2,057 residential units across the capital city are being used for commercial purposes.
National and international broadcasters are among the violators which are operating in housing units.
The Pakistan Tehreek-e-Insaf (PTI), Pakistan Muslim League-Nawaz (PML-N), Pakistan People’s Party (PPP) and Pakistan Muslim League-Q (PML-Q) also operate out of residential properties.
Violators also include foreign missions of Lebanon, Cuba, Czech Republic, Denmark, Greece, Ukraine, Jordan, Kazakhstan, Azerbaijan, Oman, Afghanistan, Romania, Bahrain, Jordan, South Africa and Brazil.
Almost all private education institutes in the city are the second-largest violators. Office of the UN agencies and NGOs are also housed in residential areas.
High-rises in residential areas
In a separate case, Justice Athar Minallah directed the CDA chairman to appear in person in his court and submit replies on a petition against high-rise buildings in Sector E-11.
In the last hearing, the court had directed the CDA to provide the layout plan for the sector. On Wednesday, when the court resumed the hearing, CDA officers failed to appear before the court or provide the layout plan.
The court then directed the chairman to appear in person on January 23.
Published in The Express Tribune, January 22nd, 2015.
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