On Thursday, the Islamabad High Court (IHC) directed the de-sealing of the Khyber Pakhtunkhwa House in the federal capital, just two days after the Capital Development Authority (CDA) sealed it.
IHC Chief Justice Aamer Farooq issued the court’s orders during a hearing concerning a petition filed by the KP government. Justice Farooq told the CDA’s lawyer that the authority could issue sealing notices according to the law, emphasizing, “Don’t make it seem like you are targeting someone.”
During the proceedings, the CDA’s lawyer argued that illegal construction had occurred on the property and that some dues were still outstanding from the first notice issued to the KP administration in 2014. The lawyer also insisted that the property’s lease had expired in 2014.
“When did the CDA issue notices?” the IHC Chief Justice inquired, asserting that a notice should have been provided before sealing the house. He further commented, “It is a provincial house. [It] is shameless to seal it.”
The KP government filed a petition the day prior, contesting the CDA’s decision to seal the provincial house. In its petition, the provincial government argued that the sealing was conducted “illegally.”
The plea stated that when the KP administration approached the Peshawar High Court (PHC) regarding the CDA’s actions, it was advised to take the matter to the IHC, which was deemed the appropriate forum for the case.
The court was asked to declare the sealing of the house and the confiscation of the KP government’s vehicles “illegal” while seeking the reopening of the property.
The issue arose after the CDA sealed the provincial government’s Khyber Pakhtunkhwa House on Monday for allegedly violating building by-laws. A notice posted on the main gate by a CDA team led by Special Magistrate CDA Muhammad Asif stated, “This premises has been sealed on account of building violations.”
According to the authority’s records, the CDA Building Control Section issued its first notice to the KP government on April 5, 2014, instructing it to stop illegal construction on the provincial property. The CDA also sent notices to the KP government in February and May of this year, urging it to renew the lease for the plot on which the KP House is situated in Sector F-5/2.
For this renewal, the provincial government was required to apply for a No Objection Certificate, which it failed to do.
