PHC suspends order banning construction in Galiyat

ABBOTTABAD: The Peshawar High Court (PHC) on Friday suspended the order of the deputy commissioner for banning the construction of commercial and semi-commercial buildings in Galiyat.

The PHC allowed the petitioners to continue their construction in two separate writ petitions filed by Zesora Private Builders and DM Consortium on Friday.

The divisional bench consisting of Justice Sahibzada Asadullah and Justice Shahid Khan granted interim relief to both the petitioners and ordered that operation on the impugned notification of the deputy commissioner issued on August 12 should remain suspended only to the extent of the petitioners, which should make construction as per the Act, Rules and By-Laws of Galiyat Development Authority (GDA).

The bench fixed September 13 for next hearing in the jurisdiction of Abbottabad Bench, stating that the matter pertained to the jurisdiction of PHC Abbottabad Bench. The court directed the deputy commissioner Abbottabad and Director General Galiyat Development Authority to file their comments within seven days.

M/S Zesora Private Builders and DM Consortium had challenged the DC’s notification issued under section 144 (6) of the Code of Criminal Procedure in which commercial and semi-commercial construction were banned in three circles of Galiyat including Baghan, Bakot and Lora, whereas Makhniyal Circle of GDA was exempted. Malik Saeed Akhtar appeared for both the petitioners while Malik Haroon Iqbal represented the official respondents.

While arguing the case, Malik Saeed said that the Abbottabad deputy commissioner on August 12 issued the impugned order under section 144 (6) of CrPC, imposing ban on construction of commercial/semi-commercial buildings/structures of whatsoever nature/construction activities in three notified circles of GDA affecting the petitioner, who had spent a huge amount on construction.

ZESORA Builders entered into rent agreement with respondent No 4 on March 18, 2020 for a period of 25 years. Besides, the petitioner got registered its land with GDA by depositing the requisite amount as lay down by GDA He stated that building plan of hotel had already been approved by GDA by depositing the required fee before initiating the construction on the site

Malik Saeed said that Serene Heights, a project initiated by DM Consortium started construction of residential/families apartments on its purchased land after following all codal formalities including the approval of the building plan from GDA, which was the regulatory authority responsible for approval through building by-laws.