Expressing grave concern over non-conforming use of property in Islamabad on Wednesday, the Supreme Court granted one month time to Capital Development Authority (CDA) to take across the board action against commercial use of residential areas in city.
A three-member bench led by Chief Justice Anwar Zaheer Jamali, Justice Amir Hani Muslim and Justice Azmat Saeed Sheikh, resumed the hearing of a private company's, Bridge Factor, plea filed against Islamabad High Court (IHC) verdict on commercial usage of a residential area in various sectors of Islamabad. Appearing before the bench, the CDA counsel Shahid Hamid informed that during the initial stage of the case in hand, there were a total of 1695 commercial entities in the residential areas.
Seeking three years time for eviction of 641 commercial units from residential areas including 359 schools, 90 hostels and 100 guest houses, Hamid submitted after the granted time frame non-conforming use of property in Islamabad would be zero. However, the bench turned down his request observing it has nothing to do with the wisdom that the court should wait for a long period to get its order implemented.
The bench said the CDA is supposed to take strict action against the violators without exception by evacuating residential properties from commercial entities. Chief Justice Anwar Zaheer Jamali plainly said the CDA should show its writ and impose a fine to non-conforming use of property, adding that compromising behavior has become part of our culture. He further remarked that house owners are scared to rent their places to judges and lawyers.
He categorically observed that some civil society organizations used to stage protests with 100 or 200 children if warning is issued over illegal acts. A member of the bench Justice Azmat Saeed Sheikh said while addressing the CDA counsel, "The court presumed that there will be no a single government office in the residential area during next date of hearing". The hearing was adjourned till first week of December.
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