ISLAMABAD: The Islamabad High Court (IHC) on Thursday declared unlawful an administrative ban imposed on the sale, purchase, registration, and transfer of properties in Mouzas Shah Allah Ditta, Sangjani, Sara-e-Kharbooza and all other similarly situated areas in Zone-III of the capital.
The court ruled that the restrictions imposed by the Capital Development Authority (CDA) lacked legal authority and were enforced without any statutory notification.
In a detailed written judgement, Justice Mohammad Asif allowed a writ petition filed by a permanent resident of Shah Allah Ditta, Fazal Abbas, through his counsel Kahsif Ali Malik. The judge held that the blanket embargo imposed on the basis of a letter issued by the CDA and verbal instructions of the deputy commissioner had no legal status.
The court observed that the respondents had unlawfully enlarged the scope of an order passed by the court on November 30, 2023.
Court rules that blanket embargo on basis of a letter issued by CDA and verbal instructions of DC have no legal status
That order, the judgement clarified, was limited to preventing construction and sale activities linked to illegal housing schemes in Zone-III and did not authorise a blanket freeze on all property transactions .
“A careful reading of the operative portion of the said order leaves no room for ambiguity,” the judgement stated. “The judicial direction was purpose-specific and aimed at curbing unauthorised development in Zone-III. It neither directed nor authorised the respondents to impose a complete embargo on registration and mutation of properties”.
The court emphasised that executive authorities are bound to implement judicial orders as issued and cannot modify or expand them through administrative directives. It noted that the communication dated December 1, 2023, issued by the director general (Building and Housing Control), CDA, requesting the deputy commissioner to stop registration and mutation of properties in various mouzas of Zone-III, had resulted in the suspension of all transactions, including private family arrangements, inheritance mutations and bona fide transfers having no nexus with illegal housing schemes.
The judgement observed that neither the Capital Development Authority Ordinance, 1960 nor the Islamabad Capital Territory (Zoning) Regulations, 1992 empowers the deputy commissioner to impose a blanket prohibition on registration and mutation of immovable property.
“Regulation of land use is fundamentally distinct from extinguishing or suspending proprietary rights through an executive embargo,” the court said. “The power to regulate construction cannot automatically be construed as power to prohibit lawful transfers of ownership” .
The court held that the impugned action violated Articles 23 and 24 of the Constitution, which guarantee every citizen the right to acquire, hold and dispose of property in accordance with law and prohibit deprivation of property save by authority of law.
Justice Asif noted that any administrative action affecting the constitutional rights of citizens must be supported by clear legal authority .
The court further observed that imposing restrictions on all residents of an area instead of taking action against actual violators amounted to discriminatory treatment.
“Instead of proceeding against actual violators, the respondents have chosen to impose an indiscriminate restriction upon every landowner residing within the affected mouzas,” the judgement said. “Such generalised restriction bears no reasonable nexus with individual conduct and, therefore, cannot withstand constitutional scrutiny” .
The judgement also noted the petitioner’s personal circumstances, observing that Fazal Abbas, a permanent resident of Shah Allah Ditta, had been unable to manage financial affairs and medical expenses related to his mother’s kidney treatment because of the restrictions on his property.
The court described this situation as unjust and disproportionate.
The court directed authorities to process property registration and transfer matters in accordance with the law and established procedures, and concluded that the respondents shall not refuse registration or mutation of lawful transactions except in accordance with due process and express statutory authority .
Following the judgement, the office of the deputy commissioner/commissioner (revenue) Islamabad issued a notification withdrawing the restrictions with immediate effect and directed the district collector to make necessary administrative arrangements for implementation of the judgement.
Published in Dawn, July 3rd, 2026