ISLAMABAD: The Islamabad High Court (IHC) on Friday suspended Capital Development Authority (CDA)’s notice to remove alleged unauthorised construction at the farmhouse of PTI leader Azam Swati.
Tahira Swati, the spouse of Mr Swati, contended in her petition that CDA last month issued her a final notice against “unauthorised/illegal construction” at the agro-farm.
Ms Swati is the owner of plot number 71 in Orchard Scheme, Murree Road, Islamabad. IHC Justice Arbab Muhammad Tahir stopped the CDA from taking any coercive measure on the property. He also sought a reply from the CDA.
Ms Swati’s counsel Ali Nawaz Kharal argued before the court that the civic agency had started an operation at the property without even issuing a notice in advance.
The CDA in its notice issued by its building control section said that final seven days were being given to remove violations from the farmhouse.
It recalled that a show-cause notice had been issued on Nov 4, calling for removal of the violations including “unauthorised/illegal construction in basement in right side setback, unauthorised and illegal construction at ground floor in right side of setback, unauthorised construction of basement beyond the plinth level and guard room beyond the plot line”.
Initially, Ms Swati challenged the notice before a civil judge who restrained the civic agency from taking any action, but later dismissed her application.
She contended in the petition that the CDA’s officials issued the notice on the instruction of someone else as his husband was a senator and political activist.
According to the petition, the CDA condemned her unheard and initiated the action without giving her an opportunity of defence.
She stated that the CDA also ignored her demand of undertaking a joint measurement to ascertain the excess area. Ms Swati contended that the CDA violated its own rules and regulations in her case and was adamant to demolish her property.
She requested the court to declare the CDA’s final notice illegal and restrained them from demolishing her property.
Published in Dawn, December 24th, 2022
