ISLAMABAD: The Islamabad High Court (IHC) on Friday ordered the Capital Development Authority (CDA) to de-seal car showrooms sealed earlier this month for non-conforming use and sought an explanation from authorities of the civic agency.

IHC Justice Babar Sattar was hearing a petition filed by owners of some affected showrooms.

The CDA earlier this month had sealed 117 showrooms for occupying parking space at different markets.

In response to the court’s query, the director (building control) of the CDA informed the court that the showrooms had been sealed in accordance with law. However, the court termed his explanations unsatisfactory.

Seeks explanation from director building control as to how he proceeded in breach of provisions of law

The counsel for the CDA produced copies of public notices that dated back to some five years. The court observed that the manner in which authority had been exercised was “colourable as well as arbitrary.”

“No show cause notices have been issued to the individuals or establishments that have been sealed,” the court observed.

“Let the car showrooms be de-sealed immediately,” ruled the judge.

The court also sought an explanation from the director (building control) as to how he had proceeded in breach of provisions of law affording due process to those against whom coercive action had been taken.

The court directed the director file a personal response along with an affidavit as to why penal action should not be taken against him for what, prima facie, appeared to be abuse of authority.

The petitioners’ counsel Kashif Ali Malik argued that the petitioners were tenants and owners of commercial premises and pursuant to provisions of the Land Disposal Regulations 2005 were entitled to operate car showrooms in such commercial centres.

He stated that the business of motor vehicle dealers was regulated under the Islamabad Real Estate Agents and Motor Vehicles Dealers (Regulation of Business) Ordinance 1984.

And it was not the CDA’s case that the petitioners were operating the showrooms without permission from the registering authority, which was the Excise and Taxation Office Islamabad.

He stated that the Islamabad Residential Sector Zoning (Building Control) Regulations 2019 provided for the manner in which vehicles were to be disposed of, if they were parked in places where they were not authorised to be parked.

Advocate Malik argued that the case against the showroom operators could be that their vehicles were parked in commercial areas without any authorisation.

But on the basis of suchunauthorised parking, the business itself could not be sealed as there was no basis to allege that the premises from such businesses were being operated were in non-conforming use under the Land Disposal Regulations 2005.

Published in Dawn, August 26th, 2023