KARACHI:
The Islamabad High Court (IHC) ordered on Tuesday the Capital Development Authority (CDA) to immediately de-seal PTI’s central secretariat in Islamabad.
Justice Thaman Rifat Imtiaz issued a reserved verdict. IHC accepted PTI’s plea against CDA’s sealing of the party office on May 24 over illegal constructions and encroachments.
The judgment noted “CDA has relied upon Notice dated 5/9/2022 and Show Cause Notice dated 4/9/2023 to show that Sealing Order dated 10/5/2024 was passed after complying with all pre-requisites under Regulation 2.17 of the regulations, 2020 as well as in the compliance of natural justice requirements. Strangely enough, the Show Cause Notice dated 4/9/2023 refers to Notice dated 14/6/2022 which was issued to the previous owner of the Subject Premises namely, Mr. Sartaj Ali. It is noteworthy that admittedly the Subject Premises stood transferred in the name of the Portioner Party vide Transfer Letter dated 30/7/2020. Yet no explanation has been offered by CDA to explain why such letter was sent to the previous owner at his residence and not the Petitioner Party as the Subject Premises which is admittedly the current owner of the Subject Premises a per CDA record. There is also no explanation why the Show Cause Notice dated 4/9/2023 does not refer to the Notice purportedly sent to the owner/occupant at the Subject Premises on 5/9/2022.”
It added “No receipt od the service of such notice/show cause notice is on record. In view of the foregoing it is clear that a register maintained by CDA is not sufficient proof of service and no purpose will be served by calling for the same.”
“CDA has failed to establish that the sealing of the Subject Property was carried out after issuance of the mandatory notices and passing of Sealing Order as per the various provisions of the CDA Ordinance and its Regulations and which is also a requirement of natural justice that has to be read into every statute as per settled law,” the judgment wrote.
Yesterday the court reserved verdict of PTI’s plea. PTI lawyers Shoaib Shaheen and Umair Baloch, while Hafiz Arafat on behalf of CDA and state counsel Malik Abdul Rehman from the district administration appeared before the court.
Shaheen argued that CDA included all the notices in their record but did not mention the current notice. Alleging CDA of fraud, Shaheen stated that CDA did not send the notices to PTI but to the land owner Sartaj Ali.
CDA lawyer took the stand that PTI accepted buying commercial land alleging party to use the land for political use. He added that people living around were being affected and PTI had illegaly constructed a floor on the land which was against the permission granted.
The court inquired about the receiver of the notice if the land was rented remarking “Why doesn’t CDA issue notices to owner and tenant on such matters to settle the issue at once.”
Following these remarks, the court had reserved verdict on PTI’s plea.
On May 24, CDA sealed the PTI Central Secretariat located in Sector G-84 of the federal capital for violating building by-laws as part of its crackdown on illegal constructions and encroachments.
The illegal constructions at the PTI Secretariat were demolished with a heavy contingent of police present outside its premises.
An additional floor was also constructed on the plot in violation of the building by-laws. The operation led to a confrontation between PTI activists and the police. PTI Islamabad President Aamir Mughal was arrested during the clash.
According to a statement issued by the CDA, several warnings and notices were issued to the plot owner over the past few years. “Notices were sent on November 19, 2020, February 22, 2021, and June 14, 2022, followed by a show-cause notice on September 4, 2023. Despite these warnings, compliance was not achieved, prompting the CDA to issue a sealing order on May 10, 2024.”
