IHC restrains CDA from converting park into commercial use
By Ali Imran

ISLAMABAD—Islamabad High Court has restrained Capital Development Authority from converting a park land into commercial purposes at Sector F-7/3 by granting a stay.
The Single Bench comprising Chief Justice Sardar Mohammad Aslam heard a writ petition filed by eleven residents of the Sector under Article 199 of the Constitution. It also directed officials of CDA to appear on April 27.
Khalid Saifullah Advocate, appearing as counsel for the petitioners, apprised the court that a class “A” park was being converted into commercial use by CDA which was demolishing trees and harming environment.
He said the ongoing construction was causing environmental hazards in the sector.
He contended that this activity was illegal, void, ultra vires without lawful authority.
Counsel said that CDA could not convert land reserved for park into commercial or for any other activities.
Moreover, the petitioners were not issued any notice which had been a breach of law, he added.
He said “If at all a change in the master plan was to be made, it was necessary for the respondent to take necessary measures according to law, get approval or NOC from Environment Protection Agency.” He said the petitioners had also written to Chairman CDA about the situation.
He cited decided cases of Javed Ibrahim Paracha vs Federation PLD 2004 Supreme Court and Mst Shehla Zia vs WAPDA PLD 1994 Supreme Court.