ISLAMABAD: The Capital Development Authority (CDA) has restarted a legal battle to stop the construction of a cinema house in one of the busiest markets of Islamabad.

The civic agency took up the construction of the cinema house at Safa Gold Mall, Jinnah Super Market, with the district and sessions court.

In July this year, the Islamabad High Court (IHC) had permitted the CDA to stop the construction of the cinema house. However, despite the court order, construction continued.   

CDA moves court to stop construction of city’s second cinema house in Jinnah Super Market

The court had issued the direction on a petition filed by the management of the mall against the cancellation of CDA’s permission granted in 2012 for the construction of the cinema house by Cinepax Limited on the top floor of the building. Justice Aamir Farooq had ruled that the CDA’s letter against opening the cinema in the mall was lawful.

On April 23, 2015, the CDA through the letter had directed the management of Safa Gold Mall to suspend the construction.

This would have been the second cinema house to begin operating in the federal capital after the first one opened at the Centaurus Mall two years ago.

The CDA was of the view that the construction of the cinema hall on the top floor of Safa Gold was not part of the initial building plan.

While the Safa Gold’s appeal was pending in the IHC, Cinepax filed a suit with Civil Judge Mian Azhar Nadeem who allowed construction to continue.

Subsequently, the CDA counsel, Kashif Ali Malik, challenged the order of the civil judge before an additional district and sessions judge (ADSJ).

Since the IHC had already decided that the matter related to the construction of the cinema and the suit filed by Cinepax were identical in nature, the CDA counsel informed the ADSJ about the order passed by Justice Farooq of the IHC.

After hearing the arguments last week, the ADSJ suspended the order of the civil court.

Deciding the case in July, Justice Farooq had observed that the CDA’s action was in accordance with the findings and recommendations of an inquiry conducted by the civic agency.

The inquiry report about the alleged violations of the building by-laws in the Safa Gold Mall had pointed out that some CDA officials in connivance with the mall management increased the number of storeys from Ground + four to Ground + seven. It added that the building plan, which was approved in 2012 for the construction of the cinema, was illegal as the plot was never meant for a cinema house.

The report stated that some CDA officials had approved the cinema on the top floor which falls in the ambit of non-conforming use of the building. “Planned/existing car parking facility (of the mall) is insufficient, the permission to open cinema would worsen the situation as the cinema would invite more and more traffic.”

The inquiry report recommended disciplinary action against the CDA officials who had approved construction of additional floors and a cinema in the building.

Published in Dawn, October 24th, 2015

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