| Case ID |
1630056f-7a69-4034-a303-86b1ef80622f |
| Body |
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| Case Number |
Writ Petition No.3272 of 2016 |
| Decision Date |
May 17, 2024 |
| Hearing Date |
Nov 24, 2023 |
| Decision |
The Islamabad High Court dismissed the constitutional petition filed by the petitioners, MAEMONA AZHAR and others, against the notices issued by the Capital Development Authority (CDA) regarding the non-conforming use of their residential properties as hostels or guest houses. The court held that the CDA acted within its powers and followed the prescribed procedure in issuing notices for non-conforming use. The court emphasized that residential plots are authorized only for residential occupancy by families, and renting individual rooms to students on a shared accommodation basis does not meet the criteria for residential use. The court concluded that the actions taken by the CDA were justified, and the petitioners should have responded to the notices instead of directly invoking constitutional jurisdiction. |
| Summary |
This case involves the Islamabad High Court's decision on Writ Petition No.3272 of 2016, which was decided on May 17, 2024. The case revolves around the legality of the Capital Development Authority's (CDA) actions against several petitioners using their residential properties as hostels or guest houses. The CDA issued notices for non-conforming use, which the petitioners challenged, claiming that such use did not violate any laws. However, the court found that the Islamabad Capital Territory Residential Sectors Zoning (Building Control) Regulations, 2020, explicitly prohibit such non-conforming uses. The court's decision reinforces the importance of adhering to zoning regulations and the authority of the CDA in regulating land use within Islamabad. This case highlights the balance between individual property rights and community regulations, emphasizing that while individuals have rights to use their properties, these rights are subject to lawful regulations aimed at maintaining community standards. Key legal principles discussed include the definition of residential use, the authority of regulatory bodies, and the constitutional rights related to property use. The ruling serves as a critical reference for future cases involving zoning regulations and property rights in Islamabad. |
| Court |
Islamabad High Court
|
| Entities Involved |
Not available
|
| Judges |
Aamer Farooq, CJ
|
| Lawyers |
Zohaib Hassan Gondal,
Wasim Abid,
Syed Masood Hussain,
Amir Latif Gill,
Khurram Mehmood Qureshi,
Rashid Hafeez,
Muhammad Anwar Dar,
Dr. G.M. Chaudhry,
Ms. Natalya Kamal,
Raja Muhammad Shafait Abbasi,
Awais Haider Malik,
Mir Afzal Malik,
Syed Kazim Raza Naqvi,
Safraz Hussain,
Shafiq-ur-Rehman Dab,
Malik Huzaifa,
Zia ul Haq,
Khurram Ibrahim Baig,
Muhammad Taimoor Khan,
Mushtaq Ahmed Awan,
Muhammad Akram Shaheen,
Syed Ghulam Mustafa,
G. Shabbir Akbar,
Jam Mati Ullah Bobra,
Uzma Aslam Mughal,
Zafar Hussain Ahmed,
Faisal Bin Khurshid,
Ch. Muhammad Asif Khan,
Ch. Aziz ur Rehman Zia,
Surriya Marriam Khaleeq,
Husnain Haider Thaheem,
Ms. Mahnoor,
Sajida Khanum,
Babar Saeed Butt,
Sajid Mehmood Abbasi,
Naveed Akhtar Joiya,
Kalsoom Rafique,
Ms. Hadiya Tayyaba,
Samar Anwar Dar,
Mian Haseeb Ali Bhatti,
Usman Ahmad Ranjha,
M. Naeem Siddique Bhatti,
Muhammad Akhtar Awan,
Ms. Mehwish Riffat,
Faisal Nawaz,
Ch. Haseeb Muhammad (L.A.)
|
| Petitioners |
MAEMONA AZHAR and others
|
| Respondents |
CAPITAL DEVELOPMENT AUTHORITY through Chairman and others
|
| Citations |
2024 SLD 3226,
2024 CLC 1299
|
| Other Citations |
Col. (R.) Javed Agha and 31 others v. Arshad Mahmud and 4 others 2017 MLD 627,
Mrs. Shamshad Butt v. Deputy Commissioner CDA, Islamabad and 3 others 2023 CLC 304,
Lahore Development Authority through D.V. and others v. Imrana Tiwana and others 2015 SCMR 1739
|
| Laws Involved |
Islamabad Capital Territory Residential Sectors Zoning (Building Control) Regulations, 2020,
Capital Development Authority Ordinance (XXIII of 1960),
Constitution of Pakistan
|
| Sections |
Regln. 2.17,
S.49C,
Arts. 24 & 199
|