Violation of regulations: CDA reluctant to submit restaurant record in court

Civic agency overlooking Monal restaurant’s disregard regulations, petitioner tells IHC

ISLAMABAD:

The Capital Development Authority (CDA), which recently went on a demolition spree knocking down ‘illegal’ kiosks and katchi abadis in the city, seems reluctant to implement its bylaws when it comes to high-end businesses in the capital. 

The civic agency last week razed around 150 kiosks, mostly eateries frequented by the working class and labourers, but is reluctant to submit the relevant record about Monal Restaurant to the Islamabad High Court (IHC) despite court directions.

Details emerged in a petition filed by a citizen against the high-end restaurant for allegedly damaging the environment through illegal logging and “massive encroachment” as well as overcharging.

Justice Shaukat Aziz Siddiqui will hear the case today (Monday).

Irfan Nazir, the petitioner, has listed CDA chairman as a respondent saying that the head of the civic agency failed to comply with earlier orders directing him to provide relevant record of the restaurant to the court.

Justice Siddiqui had passed the order on August 17, 2015, and since then the petitioner has sought record through three applications but all in vain, he stated.



CDA Building Control Department (BCD) responded to the petitioner on October 20 stating that “this office has no record about the Monal Hotel & Restaurant at Pir Sohawa Islamabad. The record has been handed over to Directorate of Municipal Administration of the CDA”.

Through the applications, Nazir has sought a copy of the map of the restaurant approved by CDA, approval of seven terraces in open area, NOC obtained from the environment directorate for cutting numerous trees, lease agreement, approval for the construction of several shops, bakeries, and stores in the parking area, codal formalities and approval of installation of a heavy generator.

Reluctance to provide information signifies something foul underneath, he alleged, adding that the restaurant has unplanned insecure architecture and rolling walls without any pillars despite the fact it is located in a high risk land-slide area. Petitioner claims that the restaurant has damaged the ecosystem by illegally cutting trees.

The petitioner has also said that the restaurant charges 300 to 500 per cent more than the normal food rates in the capital. All this, the petitioner maintained, was being done in connivance with the “state functionaries”.

Nazir said the CDA’s action against kiosks was arbitrary.

‘Restaurants a violation of zoning regulations’

Meanwhile, a high-powered environmental commission constituted by the IHC has stated in its report that “construction of Monal, Capital View, La Montana restaurants at Pir Sohawa and Kashmirwala’s restaurant at Daman-i-Koh, violated regulations of Islamabad Capital Territory Zoning Regulations”.



A number of modern developments in the capital — such as the construction of the Pak-China Friendship Centre near Shakarparian and the presence of restaurants at Pir Sohawa and Daman-i-Koh — are also violations of the city’s master plan, it added.

The petitioner has requested the court to direct the respondent to produce relevant record before the court so that the actual position of the restaurant could be ascertained.

He has also sought that the restaurant be closed down until a final decision in the case.

Published in The Express Tribune, November 16^th, 2015.