Stop ‘unauthorised’ construction of building: CDA tells IHC

Author: By Muhammad Asad Chaudhry

ISLAMABAD: The Building Control Section (BCS) of Capital Development Authority (CDA) issued a notice to Islamabad High Court (IHC) to stop ongoing construction work of its building at Constitution Avenue.

The IHC administration lacks the approved building plan, which is a prerequisite to start construction work on site. According to a notice issued by BCS available with the Daily Times which stated that the authority observed that the construction work on the plot of IHC is being carried out in violation of section 49-C sub clause (I) of the CDA ordinance.

The notice clearly mentioned that the work on site has been initiated without getting the formal approval by the competent authority, which is a violation of CDA by laws.

The notice issued by a Deputy Director of BCS clearly directed the court administration to stop construction work on the site within 24 hours of the issuance of said notice. The authority further warned High Court that in case of non-compliance of the directions, the principally approved plan from Design Vetting Committee (DVC) would also be withdrawn by the department.

The Daily Times have learnt by reviewing the original file of the Islamabad High Court that the administration of IHC doesn’t have the approved building plan to raise a structure on its plot. The IHC administration was approached CDA to take approval of its building plan soon after the issuance of a conditional allotment letter of a plot measuring three acres on main Constitution Avenue in year 2014.

Later on, a plan of six storey building of IHC was presented before the DVC of the CDA in February 2016. The DVC had principally agreed with the plan but not gave the final approval whereas, an officer of the Estate Management Directorate has said that the BCS could not approve the building plan because the allotment of IHC plot would only be confirmed after the approval of the Prime Minister (PM), which has not been produced by registrar IHC so far.

The matter was first came in the spotlight when the Daily Times highlighted the wrong doings behind the allotment of said plot for IHC on Constitution Avenue and specifically identified that the said allotment was subjected to the approval of Prime Minister, whereas the IHC has been failed to seek approval of the PM in this regard. Furthermore, the PM Secretariat had already conveyed its concerns by writing a letter to the CDA. The letter stated that the allotment of a plot for IHC on Constitution Avenue can pose a serious threat for the security of Red Zone.

An Assistant Director of CDA on the condition of anonymity told Daily Times; “In first stage we have served a notice to IHC to stop construction work on the site within 24 hours and if they will not follow the directions of CDA than we will ask enforcement wing to take action against those, who are working on the site without having proper approval.” He further said; “it is our routine, but I am not sure that how the higher ups will deal this case because nobody can bear the judges malice.”

When asked to a relevant officer of the CDA to comment that why BCS was considered the building plan for approval in DVC in absence of the final approval for plot by PM, he responded rhetorically; “The BCS was considered the building plan in the same way as the estate management was issued allotment letter, which is the pressure of IHC Judges and Registrar.”

The reason whatsoever is behind the unauthorized construction by IHC on the site, but it shows the careless attitude of the civic authority that they were remained quiet on the illegal construction till the Daily Times highlighted the issue.

The section 6.01 of Islamabad Residential Sector Zoning (Building Control) Regulation 1993 states that no building or structure shall be constructed without having prior approval of the Authority, whereas any construction started or carried out without prior approval of the Authority shall be liable to removed (Partially or wholly) at the risk and cost of the owner.

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