| Case ID |
e242e880-992f-4ddb-ae8d-881c3b5662fa |
| Body |
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| Case Number |
Writ Petition No. 1337 of 2001 |
| Decision Date |
Sep 22, 2016 |
| Hearing Date |
Sep 19, 2016 |
| Decision |
The Islamabad High Court dismissed the constitutional petition challenging the actions of the Capital Development Authority (CDA) regarding the operation of guest houses in residential areas. The Court concluded that the CDA had reasonable grounds for categorizing plots under the Capital Development Authority Ordinance, 1960, and that the regulations were not discriminatory. The petitioners were found to be engaging in non-conforming use of residential properties as guest houses, which violated the Islamabad Residential Sectors Zoning (Building Control) Regulations, 2005. The High Court upheld the authority's right to impose penalties and regulate land use in accordance with the law, affirming that the petitioners must adhere to the regulations set forth by the CDA. |
| Summary |
The case revolves around the legality of operating guest houses in residential areas of Islamabad, as regulated by the Capital Development Authority (CDA). The petitioners, primarily running guest houses, challenged the CDA's notices demanding discontinuation of these activities, claiming that such regulations violate their rights under the Constitution. The Islamabad High Court, led by Justice Aamer Farooq, evaluated the provisions of the Capital Development Authority Ordinance, 1960, and the Islamabad Land Disposal Regulations, 2005. The Court emphasized that the regulations were enacted to maintain the residential character of neighborhoods and protect community interests. Ultimately, the Court found that the CDA's actions were within its legal authority and supported by the law, leading to the dismissal of the petitioners' claims. This case highlights the ongoing tension between individual business interests and regulatory frameworks designed to preserve urban planning and residential integrity. |
| Court |
Islamabad High Court
|
| Entities Involved |
Not available
|
| Judges |
AAMER FAROOQ, JUSTICE
|
| Lawyers |
Ali Hussain Bhatti,
Afnan Karim Kundi,
Jawad Hassan,
Rehan Seerat,
Haroon ur Rashid,
Hafiz Hifzur Rehman,
G.M. Chaudhry,
Ijaz Janjua,
Mir Afzal Malik,
Syed Naeem Bokhari,
Mr. Ali Raza,
Akram Sheikh,
Barrister Natalia Kamal,
Habib Ahmed Bhatti,
Rana Abdul Latif Khan,
Naseem Ahmed,
Faraz Rana,
Faraz Raza,
Barrister Omar Malik,
Shoaib Razzaq,
Barrister Jawad Khalid Niazi,
Rana M. Irshad Khan,
Saad Ahmed Ranjput,
Ms. Shafaq Abid,
Ch. Aamir Latif Gill
|
| Petitioners |
COL.(R) JAVED AGHA AND 31 OTHERS
|
| Respondents |
ARSHAD MAHMUD AND 4 OTHERS
|
| Citations |
2017 SLD 2016 = 2017 MLD 627
|
| Other Citations |
Not available
|
| Laws Involved |
Capital Development Authority Ordinance, 1960,
Islamabad Land Disposal Regulations, 2005
|
| Sections |
12(2),
49(c),
2,
3
|