IHC directs CDA to submit report on violation of building bylaws
17-2-2025
ISLAMABAD - The Islamabad High Court (IHC) has directed the Capital Development Authority (CDA) to submit a report about the violation of building bylaws while it has also summoned the DG (Sanitation) to appear in person before the court. A single bench of IHC comprising Justice Tariq Mehmood Jahangiri issued the directions while hearing a petition filed by Syed Zaheer Hussain Naqvi against the Metropolitan Corporation Islamabad (MCI), CDA and the Pakistan Environment Protection Agency (Pak-EPA) over the alleged negligence and inaction regarding a blocked storm water drainage channel (nullah) in F-6/3. In his written order the bench directed counsel for the CDA to file particulars and details of the persons, who have infringed the by-laws of CDA and action taken against them by CDA, before the next date of hearing. It added, “In view of above, Director General (Sanitation), Capital Development Authority is directed to appear, in person, on the next date of hearing.” During the hearing, the petitioner’s counsel Barrister Afzal Hussain argued that his client’s repeated complaints to the concerned authorities had been ignored, leaving him and his family vulnerable to persistent flooding during heavy rains. According to the petition, the nullah in front of his residence had been obstructed, leading to serious water logging issues. He alleged that his driveway gets flooded after heavy rainfall due to the narrowing or blockage of the drainage system under the culvert on Hill Road. It stated that despite filing multiple complaints, including an official application dated June 25, 2020, no corrective measures were taken by the authorities. The petitioner said that the blockage of the nullah increased the risk of urban flooding in the area. He demanded that the CDA and MCI take immediate action to clear the drainage channel, particularly the illegally-covered 300-foot stretch. In response to the court’s earlier notice, the CDA submitted para-wise comments in which it refuted the claims about blockage, asserting that the nullah was clear and functioning properly. However, the petitioner’s counsel countered the argument, insisting that his client continued to suffer irreparable loss as rainwater repeatedly entered his residence due to the blocked drainage system. The reply also mentioned, “CDA found other infringements of CDA bylaws for which proper action has already been initiated.” After hearing the arguments, the court directed the CDA’s legal representative to submit detailed particulars of individuals or entities that had violated CDA bylaws along with the actions taken against them. Additionally, the CDA director general (sanitation) was ordered to appear in person at the next hearing to provide further clarification on the matter. Later, the bench deferred hearing of the case till the last week of February 2025.