ISLAMABAD: Chastened by higher judiciary’s incessant demands to reform itself, the Board of the Capital Development Authority (CDA) on Friday approved amendments in its regulations that would allow speedier action against non-conforming use of residential area.

A senior CDA official told Dawn that it took months, even years, to seal a property being used for commercial purposes in a residential area under the existing complicated regulation.

“After the amendment takes effect, a 15-day notice to the violator would suffice to stop the misuse,” he said.

While Islamabad’s Master Plan envisioned segregation of commercial and residential areas, CDA’s negligence made commercial activity in residential sectors a common practice in the federal capital.

CDA’s building control department was bound to serve the violator a notice to remove the illegality within 15 days. If he did not, the department was supposed to approach the Deputy Commissioner CDA to slap a fine and seal the property.

Even where the department took that that step, the Capital Development Authority official said the matter rested in the court of DC for months and the violators escaped immediate closure of their businesses and properties.

CDA Board amends regulation concerning ‘non-conforming use of houses’

“When we take a case to the court of DC, the DC issues a notice to the accused to appear in his court to face the charge. Taking advantage of the weak law, the accused lingered on the proceedings for months and in some cases for years,” said the official.

And at the end, the DC would impose a fine and give the violator another three months to wind up its misuse of a residential building.

Another lengthy cycle of court proceedings would start before the DC could exercise his power to seal the premises.

But before that stage was reached, the accused would seek, and frequently get, “relief” from a higher court.

But now, under the amended regulation, the director enforcement, or his nominee, can seal a property in the presence of a magistrate, if an accused ignores the initial 15-day notice to stop the misuse.

“Now that we have got the power to seal the property within weeks, a grand operation is on the cards against those carrying on commercial activity in residential properties,” said Ramzan Sajid, a spokesman for the CDA.

Published in Dawn, October 3rd , 2015

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