Nonconforming use: Violators given six months to shape up or ship out

CDA to take action after six months, court to assess preparations after three months.


Hasnaat Malik September 15, 2015
CDA to take action after six months, court to assess preparations after three months. PHOTO: FILE

ISLAMABAD: The Capital Development Authority (CDA) has given violators a six-month deadline to address non-conforming land use or wind up unauthorised business activities in residential areas.

This was said by a CDA representative during a Supreme Court hearing into a case regarding the operation of commercial businesses in residential zones, which is against the city’s land use regulations.

The court directed the civic agency to submit a progress report on the plan after three months.

On August 17, a three-judge bench of the apex court, headed by then-chief justice Jawwad S Khawaja, asked the CDA to adopt a uniform policy regarding action against the violators.

Based on those directions, the CDA’s counsel SA Rehman submitted a fresh report which states that no exemptions shall be granted in any category and a six-month period shall be given to non-confirming establishments to wind up their business or bring the premises into confirmation with the relevant scheme plan and land allotment letter.

The report says that in a meeting on September 11, the CDA board decided that after the six months have passed, the CDA will start initiate legal action against the violators by sealing the premises and cancelling allotments.

“The necessary amendments in CDA regulations will also be made to simplify the existing procedure, which is time-consuming,” the report reads.

Regarding the provision of sufficient commercial area for business operations, the report states that the board has also agreed to make additional commercial plots available at auction. Accordingly, in the coming auction, around 800,000 sq ft of commercial land will be available.

Action against premises which are under trial in the court of the CDA deputy commissioner (DC) shall remain in process during the six-month relief period time and fines imposed by the DC shall be recovered.

The report also states that no violations of building bylaws will be allowed. Any violations shall be razed or removed under CDA building regulations.

In a report submitted to the Islamabad High Court (IHC), the civic agency has already admitted that 2,037 residential buildings in the city were being used for commercial activities.

As many as 53 of these were the in E- series of sectors, 905 in the F- series, 461 in G-, 375 in I- and 279 in the model villages.

That report was submitted in reply to a petition filed by the owner of a house in Sector F-8/2 sector against commercial activities.

Meanwhile, the two-judge apex court bench headed by Justice Amir Hani Muslim on Tuesday directed the CDA to submit a progress report on the issue after three months. The bench has also asked CDA to take indiscriminate action against violators.

Published in The Express Tribune, September 16th,  2015.

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