Non-conforming use of residential accommodation: Supreme Court seeks report from CDA

The Supreme Court on Tuesday sought report from the Capital Development Authority (CDA) on the petition pertaining to action taken against non-conforming use of residential accommodation in Islamabad. A three-member bench headed by Justice Jawwad S Khawaja resumed hearing of the petition filed by a private company, Bridge Factor, against the Islamabad High Court (IHC) verdict on commercial use of residential areas in various sectors of Islamabad.
During the course of proceedings, Ali Raza, counsel for the petitioner, alleged that the civic body has adopted discriminatory policy regarding non-conforming use of residential houses in Islamabad. Raza contended that political parties namely Pakistan Muslim League-Nawaz, Pakistan Tehreek-e-Insaf as well as Motorway Police and Inspector General of Islamabad Police offices were established in residential areas of the capital of Pakistan, saying the CDA failed to take any action against owners of these houses.
The court was informed that 13 years ago the CDA issued notice to the IG of Motorway Police but still the office of IG Motorway Police is operating in violation of CDA rules. Expressing dismay over violation of CDA rules, the bench observed that nobody was above the law and asked the CDA as to why the IG of Motorway Police was allowed to establish office in residential area of Islamabad.
S A Rehman, counsel for the CDA, informed the court that his client has issued notice to the Deputy Commissioner of Islamabad on February 12, to take action against those using residential areas for business and departmental offices. Rehman said that there was shortage of buildings as compared to institutions and departments, adding that even the Islamabad High Court was functioning in the premises allocated for the Islamabad District Courts.
He said that Islamabad Capital Territory (ICT) departments were also performing in F-8 Sector of the city, adding that office of the IG of Police is under construction. The CDA counsel apprised the court that a complaint cell has started functioning to entertain public complaints regarding use of residential houses for commercial purposes, saying that nine complaints have been received so far. He also submitted that the CDA will also upload 2,262 cases regarding non-conforming use of residential units on its website. The hearing was adjourned till first week of April.