Urdu University can stay at Wapda offices for one more year: SC

ISLAMABAD: The Supreme Court (SC) on Wednesday allowed the Federal Urdu University of Arts, Science and Technology to use the building of Wapda for one more  year.

A two-member bench of the apex court comprising Justice Gulzar Ahmad and Justice Umar Ata Bandial while disposing of the appeal of the university ruled that in case the university failed to pay rent, the Wapda would seek remedy in the matter from an appropriate forum.

During 2003, the university was established at the Wapda House near Zero Point, Islamabad, however, irregularities in rent payment to Wapda by the then administration of the university provided cause of action to the authority to file a lawsuit for eviction before the Rent Controller, Islamabad in 2012.

Court of the Rent Controller issued judgement in favour of the Wapda and the same was upheld in the appellate court and then the Islamabad High Court in 2016 to which the incumbent administration of the university challenged the High Court decision before the apex court.

Representing the University, advocate Asad Hussain Ghalib requested the court to grant two years time for shifting the institution campus to allocated place.

Director General Services Wapda Khalid Hussain informed that first eviction notice to the university was issued on January 01,2012 whereas his counsel repeatedly urged the court to ensure the University administration statement to vacate his client’s building in three months in accordance with the provisions of Rent Control Act.

Justice Gulzar Ahmed observed, “Neither the university nor the Wapda is profit making institution so it would be better for both the parties to deliberate over the issue”. Wapda counsel told the bench that civic body Capital Development Authority has cancelled lease of his client’s building under the pretext that building is not being used for the specified purpose. However he informed that civil court has granted stay order to Wapda against the CDA notice.

Responding to allegation of the Wapda counsel that university is not only defaulter of rent but also declining to vacate his client’ building intentionally, Additional Registrar of the University Shah G. Muhammad submitted that at the moment the educational institution was paying three million per month rent to Wapda.

Meanwhile, the court after hearing both the parties ruled that due to the prevailing circumstances the University is allowed to operate in the building for one year.  The court directed the university administration to complete its campus construction at its own place to shift 5,000 students in a year, adding that the university is subjected to pay all the outstanding rent to the Wapda with annual increase according to contract.