ISLAMABAD: A last-ditch effort to avoid an anti-encroachment operation in Bahria Enclave, a housing project of Bahria Town, failed after the Islamabad High Court (IHC) did not issue any restraining order against the drive.

Bahria Enclave went into litigation with the Capital Development Authority (CDA) after the revenue department of the Islamabad Capital Territory (ICT) carried out a demarcation and pointed out that Bahria Town had encroached on 510 kanals.

A civil court on Sept 14 issued a stay order against the operation but it was withdrawn a few days later after the CDA pursued the case through its legal adviser Kashif Ali Malik.

Bahria Enclave then filed an appeal against the civil court order in the additional district and sessions court which granted a stay. The stay was again withdrawn after the civic agency rebutted the contents of the appeal.

The housing society even failed to obtain a stay order in the IHC when the CDA commenced its anti-encroachment drive to retrieve the 510 kanals last week. However, the civic agency deferred the operation till Monday.

On Monday, identical petitions were filed by the residents of Bahria Enclave in the IHC requesting the court to direct the CDA to stop the operation.

Advocate Qamar Afzal, the counsel for the petitioners, argued that they were bona fide purchasers but were being condemned unheard.

The CDA legal adviser pointed out that the IHC in the case of M/S BNP had observed that the buyers cannot file petitions in such a dispute between the civic agency and the private developers.

The petitioners’ counsel requested the court to issue a restraining order against the operation. However, Justice Aamer Farooq did not accept the request and issued notice to the civic agency for Tuesday.

Published in Dawn, December 4th, 2018