slamabad: The Islamabad High Court (IHC) has ordered the immediate de-sealing of the Khyber Pakhtunkhwa (KP) House, which had been sealed by the Capital Development Authority (CDA) earlier this week. The court’s directive came on Thursday during a hearing of a petition filed by the KP provincial government challenging the CDA’s actions.
Court Intervention Following CDA’s Sealing of KP House
IHC Chief Justice Aamer Farooq presided over the case, expressing concern over the CDA’s move to seal the provincial property. The court questioned the CDA’s timing and justification for the sealing, emphasizing that due process must be followed.
During the hearing, the CDA’s lawyer argued that the property had been involved in illegal construction activities and noted that outstanding dues had yet to be cleared. The lawyer further informed the court that the first notice regarding these issues was served to the KP administration in 2014.
“Do Not Target Anyone,” Justice Farooq Warns CDA
Justice Aamer Farooq remarked that the CDA must follow legal procedures and ensure that it does not appear to be unfairly targeting any party. The judge also questioned why the CDA had not issued a formal notice before taking action to seal the property. He criticized the decision to seal a provincial house, calling it a “shameless” act.
KP Government Challenges Sealing in Court
In response to the CDA’s actions, the KP government had filed a petition with the IHC, claiming that the sealing of the KP House was unlawful. The provincial government’s plea requested the court to declare the sealing and the confiscation of KP government vehicles as illegal. The petition argued that the property is a provincial asset and the sealing violated legal protocols.
Previously, the KP government had approached the Peshawar High Court (PHC) regarding the matter. However, the PHC directed them to take up the issue with the IHC, recognizing it as the appropriate legal forum for the case.
CDA’s Claims of Violations and Pending Dues
The CDA sealed the KP House on Monday, citing violations of building by-laws. A notice posted at the gate by a CDA team, led by Special Magistrate Muhammad Asif, stated that the premises had been sealed due to these violations.
According to CDA records, the first notice related to the illegal construction was issued on April 5, 2014. Further notices were sent in February and May of this year, urging the KP government to renew the lease of the plot on which KP House is situated in Sector F-5/2. The CDA also claimed that the provincial government failed to apply for a required No Objection Certificate (NOC) to resolve the issue.
Conclusion:
The Islamabad,
The Islamabad High Court’s order to reopen KP House brings temporary relief to the KP provincial government. However, the legal battle over alleged building violations and pending dues between the KP administration and the CDA is far from over. The case will continue to be monitored as the CDA looks to enforce compliance with the city’s by-laws, while the KP government seeks to protect its provincial asset.