| Case ID |
d6fc7cb4-772d-4231-89b8-03d648ed59ad |
| Body |
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| Case Number |
Writ Petitions Nos. 1337 of 2001, 2209 of 2008, 21 |
| Decision Date |
Jan 21, 2015 |
| Hearing Date |
Sep 08, 2014 |
| Decision |
The Islamabad High Court dismissed the writ petitions concerning the non-conforming use of residential properties for commercial purposes. The court upheld the regulations set forth by the Capital Development Authority (CDA), emphasizing that the establishment of guest houses and other commercial activities in residential areas violates the Capital Development Authority Ordinance, 1960. The petitioners contended that their businesses were lawful and necessary for livelihood; however, the court ruled that the CDA was justified in enforcing regulations to maintain the integrity of the city's zoning laws. The court also stated that the petitioners had the option to acquire land in designated commercial zones rather than converting residential properties for commercial use. The High Court directed the CDA to ensure compliance with the law, emphasizing the importance of maintaining community welfare and order in Islamabad. |
| Summary |
This case involves multiple writ petitions challenging the enforcement of regulations by the Capital Development Authority (CDA) regarding the non-conforming use of residential properties for commercial purposes in Islamabad. The petitioners argued that they were unfairly targeted while other similar establishments were allowed to operate without interference. The Islamabad High Court reviewed the relevant laws, including the Capital Development Authority Ordinance, 1960, and the Constitution of Pakistan, particularly Articles related to discrimination and the right to conduct lawful business. The court concluded that the CDA's regulations were valid and necessary to preserve the residential nature of specific areas and to prevent the disruption of civic order. The ruling emphasizes the importance of adhering to zoning laws to maintain the planned development of the capital city. The decision highlights the balance between individual business rights and community interests, reinforcing the principle that lawful business activities must align with the designated use of property as dictated by law. |
| Court |
Islamabad High Court
|
| Entities Involved |
Capital Development Authority
|
| Judges |
SHAUKAT AZIZ SIDDIQUI, J
|
| Lawyers |
Syed Naeem Bukhari, Advocate Supreme Court,
Ijaz Janjua,
Mian Tahir Iqbal,
Ms. Asma Shabbir Malik,
Samad Mehmood,
Mussarat Abbas Siddiqui,
Naveed Malik,
Barrister Saad M. Hashmi,
Waseem Abid,
Haseeb Muhammad Ch.,
Rehan Seerat Legal Advisor,
Raja Adnan Aslam,
Malik Javid Iqbal Wains,
Syed Husnain Ibrahim Kazmi, DAG,
Yousaf M. Qureshi, S.C.,
Ali Raza Advocate Supreme Court,
Sardar M. Ishaq Khan,
Wasim Abid
|
| Petitioners |
Col. (R) JAVED AGHA and others
|
| Respondents |
ARSHAD MEHMUD and others
|
| Citations |
2015 SLD 758,
2015 YLR 998
|
| Other Citations |
PLD 2011 SC 44,
PLD 2013 Lah. 693,
PLD 2007 SC 642,
PLD 2011 Isl. 36,
PLD 2004 Lah. 305
|
| Laws Involved |
Capital Development Authority Ordinance, 1960,
Constitution of Pakistan, 1973
|
| Sections |
46,
49(c),
25,
199
|