Daily Times

ISLAMABAD: The Supreme Court of Pakistan on Wednesday ordered the Federal Urdu University to evict the building of the Water and Power Development Authority (WAPDA) within a year.

A divisional bench headed by Justice Gulzar Ahmed took up the case of land eviction filed by the Federal Urdu University for hearing. During the course of the hearing, the WAPDA counsel informed the top court that the Authority wanted to utilise the land for its official purpose and the Islamabad High Court (IHC) had already given a decision in the Authority’s favour.

During the course of the hearing, Justice Gulzar Ahmed observed that the immediate eviction was impossible adding that the future of 5000 students had to be taken care of. The varsity’s petition stated that the Capital Development Authority (CDA) had allotted a plot measuring 5000 sq. yards in Sector G-7/1 Suharwarday Road to WAPDA in 1968. Thereafter the CDA completed the construction of the building with the approval of the CDA on the plot.

WAPDA accorded its approval to rent out the building to the varsity at Rupees 1.26 million as monthly rent from 2003 till further orders.

The allotment of the building in favour of WAPDA was cancelled by the CDA in 2012 and the CDA issued a letter to the varsity asking it to pay the rent to the CDA.

WAPDA, through a writ petition, assailed the cancellation order before the IHC but the petition was dismissed. The petition further stated that the WAPDA then filed a civil suit which was still pending adjudication adding that the varsity was also a party in the said suit and had been arrayed as defendant. “Without disclosing the fact about cancellation of the allotment of the WAPDA building and pendency of the suit, the WAPDA brought an eviction petition under Section 17 of the Islamabad Rent Restriction Ordinance (IRRO), 2001 against the varsity in 2013.

In reply thereto, the varsity vehemently denied the allegations of the WAPDA. It needs to be stated that the lease period was extended with the mutual consent of the parties, and the petitioner has been paying its rent in advance. The same has been paid to date,” the petition stated. The Rent Controller accepted the eviction petition of the WAPDA on technical grounds invoking Section 17 (9) of the IRRO 2001 without touching the merits of the case and directed the eviction of the varsity from the WAPDA building through an order in 2016, it further stated.

The petitioner Federal Urdu University being aggrieved of the order preferred to appeal before the District Judge Islamabad but it was turned down.

The varsity then approached the IHC which also dismissed the plea.

“The IHC order is based on incorrect assumption of law and fact, hence untenable. The WAPDA building is government property whereupon the provisions of IRRO 2001 are not applicable,” the petition stated.

The IHC held that the WAPDA building was a commercial building whereupon IRRO 2001 was applicable, whereas the version of the petitioner regarding the nature of the building can be corroborated and verified by the facts that almost all buildings situated in Mauve Area are federal government property or belong to the legal bodies of the federal government.

The specific examples are GPO, Pak PWD Head Office, NHA Head Office, the present building of the IHC, the Chief Commissioner etc,” it further stated. “That the petitioner is a public sector university wherein almost 5000 students are studying in various departments and their future is at stake due to the IHC order,” the petition pleaded.

“The IHC has erred in holding the law point, relating to the jurisdiction of the rent controller and exemption of the WAPDA building from the operation of IRRO 2001, has been raised at a belated stage whereas it is settled law that legal objections may be raised at any stage,” it added.