Post Reply 
 
Thread Rating:
  • 0 Vote(s) - 0 Average
  • 1
  • 2
  • 3
  • 4
  • 5
Legal hurdles slow down CDA legal actions
12-26-2012, 12:22 PM
Post: #1
Legal hurdles slow down CDA legal actions
ISLAMABAD, Dec 25: Legal hurdles have slowed down the Capital Development Authority’s (CDA) drive against businesses violating its building by-laws, according to CDA officials.

“Most of the restaurants, guest houses, bakeries, boutiques and private schools running unlawfully in residential buildings are taking stay orders from courts to secure themselves against the drive launched by the CDA on December 4,” a building control department official informed Dawn.

But he had no numbers for the stay orders. “Every fourth or fifth day, violators confront our legal department with a stay order from some court and there are over 1,200 houses in the city being used for commercial purposes,” said the official.CDA’s Member Planning Syed Mustafain Kazmi shared the official’s grief but said the legal department would continue pursuing the violators of the civic agency’s building by-laws.

“Since a large number of owners of misused buildings have taken stay from local courts, we can’t do much against them. We have to follow the law,” he told Dawn.

Mr Kazmi too would not share the number of stay holders, but was hopeful that the drive would be “completed on merit”.

So far the CDA has sealed eight farm houses and 18 houses for “non-conforming use” of farmland and residential buildings but the court battles slowed down the activity just one week after its start.

CDA’s by-laws empower its deputy commissioner to seal residential premises being used for business purposes. The commissioner can fine a violator maximum of Rs500,000, and levy additional Rs5,000 per day in case of continuous violation.

“We cannot seal a house protected by a stay order and every misuser not holding one would be seeking it,” observed a building control department official.

Those taking cover of courts are flourishing restaurants, bakeries, boutiques and few shops being run in houses in F-6, F-7, F-8, F-10 and G-9 sectors.

This is despite a June 2011 ruling of the Islamabad High Court which upheld CDA’s punitive action in a case of violation of its building by-laws.

In the case Fida Hussain Raja vs CDA Deputy Commissioner, Chief Justice Iqbal Hameedur Rehman ruled that since the petitioner did not deny the non-conforming use of his house “the notice issued by Deputy Commissioner, CDA is in accordance with CDA rules and suffers no legal infirmity” and dismissed the petition.

A senior lawyer of the high court, Mohammad Afzal, said that the civil justice system in the country allows everyone equal right to seek relief from the court.

“Unless reconfirmed, a stay (order) stands nullified after six months,” he added, suggesting the CDA should take advantage of that.

Islamabad High Court spokesman S. M. Tariq Channa said that “the standing orders of the National Judicial Policy Making Committee provide a certain timeframe to the courts relating to disposing cases on merit in quick manner”.
Visit this user's website Find all posts by this user
Quote this message in a reply
Post Reply 


Possibly Related Threads...
Thread: Author Replies: Views: Last Post
  FBR Plans Rigorous Actions Against Non-Filers to Expand Tax Base LRE-Azan 0 170 11-15-2023 07:34 PM
Last Post: LRE-Azan
  RDA Takes Legal Action Against Five Unlawful Housing Societies, Files FIRs LRE-Azan 0 277 10-21-2023 06:54 PM
Last Post: LRE-Azan
  Hurdles in dev of Park enclave housing project to be removed Salman 0 5,171 01-02-2014 01:31 PM
Last Post: Salman
  Legal battles take heavy toll on CDA working Salman 0 5,386 12-17-2013 01:42 PM
Last Post: Salman
  EOBI Scandal: FIA Is Harassing Housing Societies On The Pretext Of Legal Action Salman 0 8,437 08-30-2013 01:40 PM
Last Post: Salman
  CDA's Legal Action Slowed Down By Legal Hurdles Salman 0 3,461 01-03-2013 06:17 PM
Last Post: Salman
  ‘Education City Project’ to move without any hurdles Salman 0 4,254 06-15-2012 01:43 PM
Last Post: Salman
  Purchase of plots: LDA advises buyers to ascertain legal position Salman 0 4,236 04-23-2012 12:28 PM
Last Post: Salman
  Operation to get 5,049 acres of land evacuated facing hurdles Salman 0 4,083 02-27-2012 05:22 PM
Last Post: Salman
  Construction: Rising prices, regulatory hurdles hamper activity Salman 0 3,396 12-31-2011 06:05 PM
Last Post: Salman
  Slow work intensifying housing shortage Salman 0 3,547 12-10-2011 11:42 AM
Last Post: Salman
  Timely actions restore customers' confidence in BoP Lahore_Real_Estate 0 3,053 12-04-2010 12:44 PM
Last Post: Lahore_Real_Estate
  LDA Ave1: Operation Against Il-Legal Occupants Stopped LRE 1 5,169 11-20-2010 09:33 PM
Last Post: LRE
  Talks with IMF clear hurdles Lahore_Real_Estate 0 3,007 11-05-2010 01:20 PM
Last Post: Lahore_Real_Estate
  Pakistan flood survivors protest slow aid Lahore_Real_Estate 0 3,116 08-16-2010 03:43 PM
Last Post: Lahore_Real_Estate
  Flourmills end protest as govt promises to remove hurdles in exports Lahore_Real_Estate 0 3,625 07-13-2010 02:35 PM
Last Post: Lahore_Real_Estate
  Malik-Siddiqui row enters legal twist Lahore_Real_Estate 0 3,620 04-03-2010 12:26 PM
Last Post: Lahore_Real_Estate
  Aggression & Il-legal Wars LRE 0 3,286 03-28-2010 12:13 AM
Last Post: LRE
  US offers legal justification for drone strikes for the first time Lahore_Real_Estate 0 3,245 03-27-2010 11:57 AM
Last Post: Lahore_Real_Estate
  Chief Engineer LDA Has Built Il-Legal Plaza in M block Johar Town LRE 0 4,082 03-22-2010 07:24 PM
Last Post: LRE

Forum Jump:


User(s) browsing this thread: 2 Guest(s)