IHC reserves judgement in non-conforming use of properties case

Islamabad

Justice Aamer Farooq of the Islamabad High Court (IHC) here Wednesday reserved judgment in a matter where owners of 70 properties in the federal capital have challenged Capital Development Authority (CDA) notices asking them to stop business activities in the residential areas as it falls under non-conforming use of the buildings.

Among the petitioners there has been one, Pakistan People’s Party Senator Sherry Rehman who being President Jinnah Institute had challenged CDA notices issued to her directing to vacate Jinnah Institute (JI) trust office from the F-6 residential area.

Notices were issued in lieu with the Supreme Court of Pakistan directives to stop business activities in the residential areas of Islamabad.

IHC Justice Farooq reserved judgment after parties concluded their arguments.

Apart from Jinnah Institute, several restaurants, boutiques, beauty parlours, think-tank institutes etc have challenged the CDA notices that allege non-conforming use and violation of the Islamabad Residential Sectors Zoning (Building Control) Regulations 2005 and the CDA Ordinance, 1960.

Sherry Rehman petitioned before the IHC that JI was formed on August 11, 2010 and it is a non-profitable institute not involved in any kind of business activities. JI organises seminars and workshops on security and defence issues which are attended by diplomats, government functionaries and politicians. JI board of directors included foreigners, retired army personnel and people belonging to different spheres of life.

Petitioner said that relocating JI office to some commercial area involved hazards of being attacked by the terrorist groups. Since, JI is purely non-commercial entity, so it may be allowed to keep working in the area or may be granted a reasonable time to relocate as it has been granted to the schools in the same area. 

Legal counsels for other petitioners contended before the IHC that CDA issued notices to them without mentioning the precise nature of such non-conforming use and specifying to the nature of such violations.

Advocate Akram Sheikh while representing guest houses argued before the court that the petitioners being the private individuals have been providing “Bed and Breakfast” facilities in different sectors in their lawfully constructed premises.

Notice fails to indicate with clarity as to what is considered non-conforming use, he further argued, adding that the notices state that if the petitioners do not stop operating their premises will be sealed and heavy fines will be imposed.

Accommodating paying guests in a residential building is a lawful activity in vogue for centuries and does not constitute any offence to any provision of law, advocate Sheikh further said. 

Moreover, the non-conforming use is not even been defined in the CDA Ordinance, 1960.

Petitioners have been praying to the court to direct CDA to withdraw all notices, stop harassing the petitioners and they may be allowed to keep up with their businesses.