ISLAMABAD: The Capital Development Authority (CDA) finds it difficult to comply with a Supreme Court direction to remove a cellular company tower from the premises of the Pakistan Youth Hostel (PYH) in the presence of a restraining order issued by the Islamabad High Court (IHC) about four years ago.

Justice Jawwad S. Khawaja of the Supreme Court on April 24, 2014, while hearing a petition of the PYH directed the CDA to “ensure that the licence issued by it does not constitute health hazard for the residents within Islamabad and that relevant laws and regulations are complied with.”

The PYH petition stated that the base transceiver station (BTS) tower installed on its premises was creating health hazard for scores of youth staying in the hotel.

The BTS is a piece of equipment that facilitates a wireless communication between the user equipment (UE) and a network. The UEs are devices like mobile phones (handsets), WLL phones and computers with the wireless internet connectivity.

In presence of IHC stay order, civic agency reluctant to implement apex court direction

It may be noted that the Islamabad High Court (IHC) in January 2011 on a petition filed by the cellular company had restrained the CDA from taking any action against 102 BTS towers installed in different parts of the federal capital.

The cellular company had filed the petition over a controversy about the ‘no objection certificate’ fee the CDA was claiming from the company for operating the towers in Islamabad.

On April 24, 2014, the PYH administration filed the petition with the Supreme Court, seeking the removal of the tower. However, after the CDA did not take any action, Agha Afzal Hussain, the PYH honorary national secretary, on October 20 wrote to the civic agency reminding it of complying with the apex court direction.

In response, the enforcement directorate of the civic agency recently sent a letter to its law directorate and sought legal opinion before taking any action against the tower.

In the internal office note, the enforcement directorate stated: “We may cancel/withdraw the licence and direct the cellular company to remove the tower immediately failing which the tower shall be removed by force at the cost and the risk” of the company.

“However, it is pertinent to mention that the IHC has issued a status quo order in respect of 102 units, including the subject tower.”

A CDA official told Dawn that an influential personality was operating these towers and this was the reason the civic agency was reluctant to take action against the tower despite the direction of the apex court.

When contacted, CDA spokesman Asim Khichi said the relevant directorate had sought an opinion from the legal adviser on the base of which an action would be taken in accordance with the law.

Published in Dawn, December 26th, 2014