IHC orders CDA to de-seal KP House

ISLAMABAD: The Isla­mabad High Court (IHC) on Thursday directed the capital’s administration to de-seal the Khyber Pakhtunkhwa House.
The building, which was the site of the cat-and-mouse chase between KP Chief Minister Ali Amin Gandapur and law enfor­c­ement agencies last week, was sealed by the Capital Development Authority (CDA) for allegedly violating building rules.
The action was taken on Monday, a few days after police raided the building to arrest Mr Gandapur, who was housed there after leading a caravan of PTI supporters from Peshawar to Islamabad for a protest against constitutional amendments and the imprisonment of PTI founder Imran Khan.
The provincial government moved IHC against CDA’s action.
After hearing the arguments from both sides, IHC Chief Justice Aamer Farooq ruled that CDA’s action was without legal authority as no valid notice was issued to the petitioner before sealing the building.
During the hearing, CDA’s counsel, Amir Latif Gill, stated that the premises had been sealed due to multiple breaches of the lease agreement, including unlawful construction and unpaid dues. He argued that the building’s lease had also expired.
The petitioner’s counsel argued that the sealing was unjustified and unlawful since no notice was ever served prior to the action in violation of due process.
When the court asked about the notices served to KP House officials, the CDA counsel failed to produce any copy of the notices.
Earlier, CDA officials had claimed that KP House has been repeatedly served notices since 2014, but the official “did not comply” with the authority’s directives.
KP Advocate General Shah Faisal Usman Khail assured the court that any outstanding dues would be paid and compliance with the lease terms would be ensured.
In its ruling, the court concluded that CDA sealed the building without issuing a proper notice, which was unlawful.
It instructed the CDA to de-seal the property immediately. However, the court clarified that CDA had the right to take appropriate legal action against the petitioner if any lease violations were found, provided due process was followed.
Published in Dawn, October 11th, 2024