ISLAMABAD: The Marriott Hotel lost a 15-year legal battle with the Capital Development Authority (CDA) on Saturday, after an Islamabad High Court (IHC) division bench dismissed an appeal in a case regarding a drop-off lane established by the hotel on Aga Khan Road.

A two-judge division bench dismissed the appeal filed by Hashwani Hotels against the CDA that asked the court to direct the authority to approve the drop-off lane at the luxury hotel’s entrance.

In 2002, the hotel and the CDA began a series of negotiations over compliance with building bylaws.

On June 18 that year, during a meeting of officials from both parties, the hotel argued that the authority had allowed other hotels – the Serena Hotel and Holiday Inn – the utmost relaxation in bylaws, court documents said.

The documents added that the then-director general architect gave the hotel verbal permission to establish a drop-off lane.

In June 2003, however, the CDA asked the hotel to abandon the lane, warning that the authority would otherwise demolish the drop-off lane.

The hotel’s counsel told the court that the management revived the plans for a drop-off lane after the 2008 terrorist attack on the hotel, but in 2012, the authority issued a notice to the hotel to dispose of the lane.

The hotel then filed a petition before a single bench of the IHC against the CDA notice, but the petition was dismissed by the single bench on March 5, 2014.

CDA’s counsel, Tariq Mehmood Jahangiri, argued before the division bench that the construction of the drop-off was illegal because it had not been approved by the CDA board.

Dispelling the notion that the authority had extended undue favours to other hotels, Mr Jahangiri said every plot is auctioned in accordance with the prescribed terms and conditions and the terms and conditions for the Serena Hotel and Holiday Inn are different.

The court observed that the official who gave Marriott verbal permission to construct the drop-off lane was no longer in service, and the appellant did not disclose the names of other CDA officials privy to the verbal approval.

The court was not convinced on the discrimination claim and subsequently dismissed the appeal.

Published in Dawn, March 26th, 2017