the petitioners then filed writ petitions with contentions that the bylaws of development authority were in contravention to the constitution.
Justice Siddiqui through this recent judgment has adjudicated the said matter.
The judgment noted “no discretion lies with civic body to allow non-conforming use and if powers containing under regulations number 2.1.1, 2.1.2, 2.17 and 4.1.7 permit so, they lead to arbitrary exercise of authority, paving ways of corruption, and calling questions about the master plan therefore, same are declared to be of no consequence. CDA is not vested with powers to allow commercialisation of residential buildings offensive and invading to the sector/zonal master plan of ICT”.
The IHC judgment further noted “the non-conforming use is certainly an offence provided in section 46 of the ordinance and also in regulation 2.17.3 of the building regulations”.
It further says that Islamabad residential sector zoning regulations 2005 provides the 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. The Islamabad Land Disposal regulations 2005 in the classification of plots have provided the plots for commercial activities while mess of non-conforming use has disrupted civic fibre of the city, judgment also says.
Justice Siddiqui has noted that CDA was established in 1960 with high hopes that it would manage the establishment of a state of the art city in Pakistan but it appears that the authority has failed or reluctant to discharge its lawful obligations as a number of commercial activities have commenced right under the nose of the authority but nobody has taken strict action in this regard. Only when some matter comes before the courts and direction issued then authority shows some fake progress and thereafter shuts its eyes. It appears that either authority is helpless to respond to the violations of the laws, rules and regulations or it has given the consent to such sort of activities for ulterior motives. IHC judgment noted that it appears from the list of buildings being used commercially ‘that havoc is being committed with the city as a large number of residential buildings have been changed to commercial purposes and strict action has been taken’.