ISLAMABAD: The Capital Development Authority (CDA) on Tuesday told the Supreme Court that the campaign against nonconforming use of residential properties had been facing delays due to resistance from business owners who had even staged demonstrations.

“Coercive action of sealing guest houses was launched by the authority on June 8 but the Guest Houses Association Islamabad (GHAI) protested and put up a resistance against CDA’s sealing operation at site,” said a report submitted in the apex court by the CDA.

The report was submitted by senior counsel Shahid Hamid before a three-judge SC bench headed by Justice Sheikh Azmat Saeed which had taken up a case relating to the use of residential properties for commercial purposes as well as road blocks and encroachments by government offices, residences and some embassies in the residential sectors of the city.

SC orders police to assist CDA in campaign; German mission tells court it will move its offices out of residential areas soon

The report goes on to say that the campaign had to be halted due to the law and order situation which arose and that GHAI had staged a demonstration outside the CDA headquarters, demanding that the operation against guest houses not be started in Ramazan.

Guest house owners had also demanded that adverse action be ceased as their cases have been remanded back by the apex court to the Islamabad High Court.

Therefore, guest house operators are asking to wait till the high court decides on their cases.

However, CDA assured the court that in the cases where there are no stay orders, help will be sought from the Islamabad police in sealing non-conforming properties in case the owners did not comply.

The counsel also told the court that CDA had received complaints against other illegal activities in the guest houses in the city.

The court then ordered the federal police to assist the civic authority whenever required and directed the police to submit a comprehensive report regarding complaints against guest houses.

The counsel also said that various hospitals located in residential areas could lead to the spread of diseases due to them dumping waste in the open, the odour from which also bothers residents.

He said CDA will soon be launching a campaign against hospitals which improperly dispose of waste as well.

The civic authority’s counsel said that 241 properties had been sealed of which 12 had been sealed since the last hearing on June 2.

The report submitted in court said that as a result of the campaign, violators of CDA’s laws on non-conforming use are voluntarily bringing their properties in conforming use and that so far 652 properties had been voluntarily brought to conforming use.

The number of non-conforming properties has now been reduced to 824 from 1,695 which include schools, guest houses and offices, the report said.

Referring to government offices established in residential properties, the report said that of 31 such properties, 18 have been vacated and that the Private Power Infrastructure Board, which works under the water and power ministry, have said they are moving offices from F-7/4 to the Immigration Tower in G-8/1.

Also, the Deputy Head of Mission at the German Embassy has said through the Foreign Office that the Konard Adenaueer Foundation’s office in F-6/3 will be moved and has requested time in this regard.

Likewise, the minister-counsellors/charge d affaires of the German embassy has also conveyed via the Foreign Office that the Haans Seidel Foundation’s offices in F-6/3 will also be moved.

CDA officials have told in the past that around 800 commercial buildings are operating in residential areas, but these are mainly schools, guesthouses, clinics and professionals’ offices – such as lawyers’ offices.

Around 50 media outlets are also said to be operating from residential areas.

Published in Dawn, June 29th, 2016