ISLAMABAD: The Islamabad High Court (IHC) has issued a show-cause notice to the Capital Development Authority (CDA) and other respondents for wilful defiance of its earlier order regarding the long-pending development of Model Village Nurpur Shahan.

The court warned that contempt of court proceedings may be initiated if compliance is not ensured.

IHC Justice Raja Inaam Ameen Minhas issued the show cause notice in a petition filed by residents of Nurpur Shahan seeking implementation of CDA’s decades-old policy for the rehabilitation and resettlement of affected persons whose land was acquired for Islamabad’s development.

The petitioners also sought protection against demolitions and interference in their homes, along with the formation of a joint committee comprising CDA officials and local representatives to oversee implementation.

The court examined the historical background of land acquisition in Nurpur Shahan, noting that more than 17,000 kanals were acquired under three awards in 1961, 1964, and 1967. While partial compensation and rehabilitation were granted, several original affectees remain deprived of their lawful entitlements.

Justice Minhas adjourned hearing of the case till Feb 13 and directed the CDA to submit a report on compliance with the court’s judgement earlier last year authored by Justice Mohsin Akhtar Kayani.

According to the court record, CDA formally approved a policy in 1977 to establish model villages for permanent resettlement of displaced populations, particularly in areas falling within the Margalla Hills National Park (MHNP) and green zones. Nurpur Shahan was included among the seven approved model villages, aimed at preserving cultural heritage, protecting historical sites, and providing modern civic facilities to local communities.

The judgment of Justice Kayani highlighted that CDA reaffirmed its commitment through multiple official committees between 1995 and 1996, which addressed layout planning, utility provision, identification of original residents, and removal of illegal encroachments. The committees emphasised safeguarding hereditary residents, accommodating population growth since the 1967 acquisition, and ensuring the provision of essential services such as water, sewerage, gas, electricity, and road infrastructure.

The court noted that CDA had approved a layout plan in 1986 comprising 149 residential plots and several public amenities, including schools, markets, parks, graveyards, and health facilities.

It was further observed that 26 plots have already been allotted, with 23 constructed, thereby creating vested legal rights in favour of residents.

CDA argued that the development of Nurpur Shahan is now barred under the Islamabad Capital Territory Zoning Regulations 1992, which classify the area as Zone III, where construction and land-use changes are restricted. However, the court rejected this contention, holding that later zoning regulations cannot nullify earlier lawful decisions that have already created enforceable rights.

Invoking the legal principle of locus poenitentiae, the court ruled that while an authority may withdraw a decision before it takes legal effect, it cannot rescind a valid decision once rights have been created, unless the original order is unlawful.

The court further noted that CDA failed to produce any official record showing cancellation or withdrawal of the approved Nurpur Shahan model village scheme.

The court also referred to the Islamabad Land Disposal Regulations 2005, particularly Section 13, which governs the allocation of plots in model villages, reserving 50 per cent for eligible affected persons and 50 per cent for open auction.

The bench observed that CDA retains full legal authority under the CDA Ordinance 1960 to implement housing, rehabilitation, and community planning schemes, and criticised the authority for administrative delays and inconsistent policy positions.

Expressing concern over poor governance, the court noted that CDA had proposed relocating Nurpur Shahan allottees to other model villages, a suggestion described as lacking legal basis and board approval. The bench ruled that CDA cannot abandon the original scheme and must implement it in letter and spirit.

Published in Dawn, February 12th, 2026