ABBOTTABAD: Partially suspending a ban on the construction of commercial and semi-commercial buildings in Galiyat, the Peshawar High Court has allowed two private firms to continue building a hotel and apartments in the region until further orders.

The interim relief was granted by a Peshawar-based bench consisting of Justice Sahibzada Asadullah and Justice Shahid Khan to the petitioners, including Zesora Private Builders and DM Consortium, who separately challenged the Aug 12 order of the deputy commissioner for the ban.

It declared that action on the DC’s order would remain suspended only to the extent of the petitioners, which should make construction as per the Galiyat Development Authority Act, relevant rules and by-laws.

The court fixed Sept 13 for next hearing by the Abbottabad Bench of the high court declaring that the matter pertained to the jurisdiction of that bench.

Petitions challenge ban on commercial building activities in region

It also directed Abbottabad DC and GDA director-general to file comments on the petitions within seven days.

The petitioners have requested the court to declare illegal the DC’s order issued under Section 144(6) of the Code of Criminal Procedure banning commercial and semi-commercial construction in three Galiyat circles, including Baghan, Bakot and Lora.

The ban exempted Makhniyal circle to the surprise of many.

Malik Saeed Akhtar, lawyer for the petitioners, told the court that the DC banned construction of commercial and semi-commercial buildings and structures of whatsoever nature and construction activities in three notified circles of the GDA and thus, adversely affecting his clients, who had spent a huge amount on their construction projects.

He added that Zesora Builders had acquired a land on lease on March 18, 2020, for a period of 25 years and registered the land with the GDA by depositing the requisite amount of money.

The lawyer said that the building plan of a hotel had already been approved by the GDA and that the petitioner had deposited the required fee before initiating construction on the site.

He added that the other petitioner, DM Consortium, had launched the Serene Heights project and started construction of residential and family apartments on the land purchased for it after following all codal formalities, including the approval of the building plan by the GDA.

The counsel said that the GDA was the regulatory authority responsible for approving such plans.

He said that the“unjust and blanket” ban on construction activities in Galiyat contravened the fundamental rights enshrined in Articles 4 and 18 of the Constitution.

Last week, another high court bench consisting of Justice Kamran Hayat Miankhel and Justice Fazal Subhan had provided an interim relief to the Baron Hotel, Nathiagali, by suspending that ban.

In a petition, the hotel’s management claimed that through an agreement, the GDA had leased out a property measuring 22 kanals of land and commonly known as the Shangrila Pines Hotel, Nathiagali, to it for the construction of a four-star hotel.

The court sought comments on the petition from Abbottabad DC and GDA director-general and fixed Sept 13 for next hearing into the case.

Published in Dawn, September 2nd, 2023