CDA, Railways at loggerheads over ownership of plot

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ISLAMABAD: Pakistan Railways and the Capital Development Authority (CDA) are at loggerheads over the ownership of a piece of land worth billions of rupees and construction of a godown and warehouses in Sector I-9.

The CDA board headed by its chairman Sohail Ashraf on Thursday heard Pakistan Railways (PR) officials over railways auction of land in I-9, which CDA says is part of the right of way. PR says the land belonged to it.

The PR last year auctioned plots/land situated at Dry Port Road in I-9, Margalla Railway Station for construction of godowns and warehouses.

After auctioning the plots, Pakistan Railways Rawalpindi approved the building plans. However, when the matter was brought into the notice of CDA, the civic agency sealed the under-construction buildings and termed them unauthorised construction as well as encroachment on CDA’s right of way along Service Road North, Sector I-9. Later, the leaseholder filed a petition in Islamabad High Court which after hearing both parties referred the case to the CDA.

In the petition, the leaseholder claimed the land belonged to and remained under the administrative control of PR having been acquired from CDA after payment. The petitioner stated that building plans were approved by PR, being the competent authority under the rules. But, in July this year, the CDA officials sealed the petitioners’ under construction godowns/warehouses on the alleged ground of construction without approval.

In the court, the CDA stated that the construction was intended for commercial godowns or warehouses and that the structure encroached upon CDA’s right of way along the Service Road North, Sector I-9.

“These are material allegations because the legality of the construction depends not only upon the identity of the landowner, but also upon the permissible use of the land, the location and dimensions of the structures, the applicable building regulations and the existence of any encroachment upon a public right of way. The petitioners on the other hand, maintain that construction was being carried out in accordance with approval of Pakistan Railways,” the court pointed out.

The court also stated: “In view of foregoing discussion, this Court is unable to accept petitioners’ principal contention that CDA is wholly without jurisdiction to regulate construction on the subject land. The ownership or administrative control of the land by Pakistan Railways, the execution of the lease agreements and approval of building plans by its officers do not without applicable statutory exemption, exclude the operations of the planning and building control laws governing the Islamabad Territory,” read the court order.

The IHC Judge Mohammad Asif last month directed the CDA to examine petitioners representations together with letter dated 9-07-2026 issued by PR and all relevant supporting documents and “shall pass a speaking order in accordance with law within 30 days after receipt of the certified copy of judgement.”

Following court orders, the CDA board on Thursday heard railway officials and petitioners’ lawyers.

CDA’s lawyer also presented its point of view before the board, stating that the land in question was part of right of way and under CDA’s regulation, construction activities can’t take place over there. Sources in CDA said that after going through all records, the civic agency will pass speaking orders.

Published in Dawn, November 13th, 2026

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