Daily Times

ISLAMABAD: The Capital Development Authority (CDA) has failed to take action against universities which are operating in unauthorised premises and come under the non-confirming use.

The campuses of three private sector universities; the Iqra University, Preston University and CASE University in Islamabad are established in unauthorised buildings as the purpose of allotment of their plots was entirely different as compared to the current use of these plots.

The establishment of universities on the plots of clinics, memorial complexes and schools is clearly against the rules and regulations of the civic body.

The CDA’s residential sector zoning regulations 2005, categorically bar the use of any plot for any other use than for the purpose for which it was alloted. The section 2.1.3 of the said regulations state that any building found in violation of its allotment purpose shall be removed or converted into authorised use.

A penalty can also be imposed on the owner of such properties and their plots are also liable to be cancelled if the owners refuse to act on the directions of the CDA, the Section 2.1.4 of the regulations states.

But, contrary to the bylaws of civic body, the Centre for Advanced Studies in Engineering (CASE) University is currently working at the Sir Syed Memorial Complex in Sector G-5/1. The plot of the said complex was originally allotted for the construction of an auditorium, a library, a reading room and a museum. The Building Control Section (BCS) of the CDA first issued a notice to the owners of the said plot on September 16, 2011, followed by a number of notices in the last five years. The last notice in this regard was severed on April 21, 2016 in which it was told to the owners to vacate the university from the premises. The notice further warned the owners of strict action in case of failing in complying with the CDA notice.

Moreover, it was first highlighted by Daily Times in February 2016 that the campuses of two private sector universities Iqra and Preston in the federal capital were established in violation of the CDA byelaws.

The Iqra University has established its campus on Plot No. 5 measuring five acres at Sector H-9, which was originally leased out to Dr. Habibullah Khan for the construction of a polyclinic hospital in 1970, but currently the Iqra University’s campus is challenging the writ of the civic agency on the spot.

According to Clause 12 of the lease agreement between Dr. Habibullah Khan and the CDA, the plot cannot be used for any purpose other than the establishment of a clinic. Furthermore, under Clause 15 of the same agreement the plot allottee was not entitled to further sale, mortgage, sub lease the plot or exchange it with anybody else.

On the other side the Preston University is working on Plot No. 85 measuring 6755.55 Sq. Yards in sector H-8/1 which was allotted to M/s Khyber Educational Society for the construction of a school building in 1992.

Clause 16 of the allotment letter of the said plot also states that the allottee is not allowed to use this plot for any other purpose by dividing or altering any of its part. This plot was only for establishing a school building and not for any college or university.

After the appearance of the aforementioned story in Daily Times, the then Director Estate Management of the CDA, Malik Azhar Kursheed, had also issued show cause notices to both Iqra and Preston universities and asked both to remove the universities within 15 days.

However, even after the passing of several months, all the three universities are still operating in these unauthorised buildings and the CDA has failed to take any action against these universities and keeps its warnings limited to notices only.

While responding on the issue, the Member Planning of the CDA, Waseem Ahmed Khan, has assured that the Authority would take strict action against these universities and force them to stop the unauthorised use of the plots.