ISLAMABAD: The Capital Development Authority (CDA) has expressed helplessness in enforcing its by-laws regarding the non-conforming use of residential houses in one go.

In a report submitted to the Supreme Court, the civic body explained that it was not possible to remove commercial activities from all the 2,262 residential houses due to unavailability of alternative spaces in the commercial areas of the city.

The Supreme Court is seized with an appeal filed by a private consultant, Bridge Factor (Pvt) Ltd, against an order of the Islamabad High Court (IHC) issued on June 6 rejecting its appeal against a CDA notice for using a residential house as its office in Sector F-7/1.

During the proceedings, setting up of the barricades and roadblocks in the name of security by a number of embassies also caught the attention of the apex court.

On Feb 9, the court had asked the civic body to formulate rules to deal with the non-conforming use of residential areas.

In the latest report, the CDA explained that it needed a considerable time to complete the process of removing commercial activities from residential areas. It added that out of the total 2,262 houses, 567 had brought their premises under the original use after the civic body launched a campaign/operation against them.

The estate management wing of the CDA has initiated cancelling plots for consistent non-conforming use. So far, 18 such plots have been cancelled while a number of cases are under process.

Report submitted to SC says it needs time to restore 2,262 houses to their original use

Moreover, 1,015 cases for non-conforming use is under trial before the deputy commissioner CDA in which fines have been imposed in 633 cases and their files referred to the special magistrates to recover the fine.

But the CDA also conceded in its report that the grant of permission for change or conversion of residential houses into civic and commercial buildings in the designated residential sub-sectors will affect the living environment.

The Blue Area, Marakaz (market place in each sector) and shopping centres will lose their significance and value. Likewise, the CDA will also lose the value of its designated areas for commercial and civic uses, the report said, adding peace and tranquility of residential areas will also be disturbed.

The infrastructure, parking and other allied requirements of the commercial and civic buildings cannot be provided in the residential neighbourhoods. Besides, the distinction of Islamabad as the only planned city in the country will also lose its peculiarity, the report added.

In addition, the mix-use development of residential, commercial and civic buildings in the residential areas will severely damage the environmental impact and beauty of the capital city, it contended.

The report also explained that the CDA planned to establish more commercial and civic buildings in F-8, G-8, F-9, G-9, E-10, F-10, E-11 and F-11 to provide an opportunity and space for commercial and civic use. The amendment to the Islamabad Capital territory (zoning) Regulation 1992 by the federal government in 2010 also empowered the CDA to develop and plan civic and commercial areas in Zone-4.

Published in Dawn March 1st , 2015

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