ISLAMABAD: The Islamabad High Court (IHC) has paved the way for the Capital Development Authority (CDA) to continue its anti-encroachment operations in model villages by suspending an earlier restraining order issued by a single bench.

A division bench, comprising Chief Justice Sardar Mohammad Sarfraz Dogar and Justice Mohammad Asif, passed the order while hearing intra-court appeals concerning land possession and enforcement actions in various model villages, including Noorpur Shahan.

The bench suspended the directions earlier issued by Justice Mohsin Akhtar Kayani, who had ordered the establishment and protection of model villages and restrained the CDA from taking coercive measures against residents. With the suspension of the order, the civic authority has now been allowed to proceed with operations even in areas previously protected under judicial orders.

During the hearing, CDA’s counsel Nazir Jawad argued that the authority had acquired the land for model villages around six decades ago and paid compensation to the affected people. However, possession of the land was still not fully handed over.

Division bench suspends restraining order issued by single bench while hearing intra-court appeals

He maintained that while the CDA had developed model villages for the original residents, non-locals had encroached upon the land.

The CDA’s position was supported by its senior officials, including Director General Enforcement Anam Fatima.

On the other hand, Advocate Qaiser Imam, representing residents of Model Village Noorpur Shahan, argued that enforcement action should not be taken against genuine local residents. He informed the bench that a committee had already been constituted to identify non-locals, and recommended that only illegal occupants be removed while protecting the rights of indigenous residents.

However, the CDA counsel opposed any blanket restraint on operations, arguing that once compensation had been paid, the authority was legally entitled to take possession of the land and remove all encroachments.

After hearing arguments from both sides, the bench rejected the plea to stop the ongoing anti-encroachment drive and allowed the CDA to proceed in accordance with the law.

Meanwhile, in a related development, Justice Raja Inaam Ameen Minhas had earlier restrained the CDA from demolishing houses and evicting local residents in Saidpur Model Village, located in the foothills of Daman-i-Koh, while hearing a petition filed by around 128 residents.

During those proceedings, Advocate Rizwan Abbasi appeared on behalf of the petitioners and argued that the civic agency was attempting to displace long-settled locals without due process. The court had issued notices to the CDA, sought a detailed report and directed that the matter be clubbed with other similar petitions pending before the court.

The latest order of the division bench, however, has effectively neutralised the earlier relief granted by the single bench, at least for the time being, and has strengthened the CDA’s position in pursuing its enforcement campaign.

The case highlights the continuing tension between the civic authority’s mandate to clear encroachments and the claims of local residents, many of whom insist on their longstanding occupation and entitlement to protection under the model village scheme.

Published in Dawn, April 8th, 2026