Islamabad: The Islamabad High Court (IHC) ordered on Tuesday the Capital Development Authority (CDA) to immediately de-seal PTI’s central secretariat in Islamabad.
Justice Thaman Rifat Imtiaz issued a reserved verdict. IHC accepted PTI’s plea against CDA’s sealing of the party office on May 24 over illegal constructions and encroachments.
The judgment noted “CDA has relied upon Notice dated 5/9/2022 and Show Cause Notice dated 4/9/2023 to show that Sealing Order dated 10/5/2024 was passed after complying with all pre-requisites under Regulation 2.17 of the regulations, 2020 as well as in the compliance of natural justice requirements. Strangely enough, the Show Cause Notice dated 4/9/2023 refers to Notice dated 14/6/2022 which was issued to the previous owner of the Subject Premises namely, Mr. Sartaj Ali. It is noteworthy that admittedly the Subject Premises stood transferred in the name of the Portioner Party vide Transfer Letter dated 30/7/2020. Yet no explanation has been offered by CDA to explain why such letter was sent to the previous owner at his residence and not the Petitioner Party as the Subject Premises which is admittedly the current owner of the Subject Premises a per CDA record. There is also no explanation why the Show Cause Notice dated 4/9/2023 does not refer to the Notice purportedly sent to the owner/occupant at the Subject Premises on 5/9/2022.”
It added “No receipt od the service of such notice/show cause notice is on record. In view of the foregoing it is clear that a register maintained by CDA is not sufficient proof of service and no purpose will be served by calling for the same.”
“CDA has failed to establish that the sealing of the Subject Property was carried out after issuance of the mandatory notices and passing of Sealing Order as per the various provisions of the CDA Ordinance and its Regulations and which is also a requirement of natural justice that has to be read into every statute as per settled law,” the judgment wrote.
Yesterday the court reserved verdict of PTI’s plea. PTI lawyers Shoaib Shaheen and Umair Baloch, while Hafiz Arafat on behalf of CDA and state counsel Malik Abdul Rehman from the district administration appeared before the court.
Shaheen argued that CDA included all the notices in their record but did not mention the current notice. Alleging CDA of fraud, Shaheen stated that CDA did not send the notices to PTI but to the land owner Sartaj Ali. –Agencies
