ISLAMABAD: The Islamabad High Court (IHC) issued notices to the Capital Development Authority (CDA) in a petition seeking cancellation of non-objection certificate (NOC) of Soan Garden Housing Scheme and imposition of penalty for violating CDA laws.
A single judge bench of Justice Athar Minallah also maintained status quo and sought reply from the respondents while hearing the petition filed by Imran Amjad against the illegal converting/ bifurcation of a 1000 Sq Yard plot into four plots located in Phase 1 of the Society.
Zaheerud Din Usmani, counsel for the petitioner, argued before the bench that his client was a member of the Civilian Employees Cooperative Housing Society (CECHS) since 1989 and lives in a plot measuring 1000 Sq Yards in Soan Garden.
Usmani said that the CECHS had illegally bifurcated original plot measuring 1000 Sq Yard into four 250 Sq yards added the master plan of the CECHS shows that all the plots situated in the locality are of 1000 Sq yards and not less than that. So the construction on bifurcated plots was violation of rules.
The CDA’s Building Control Regulations 2005 states that “only one bifurcation/ sub-division of plots will be allowed in respect of plots measuring 1000 Sq Yards” and the divided portion is not less than 500 Sq Yards. It adds that the sub-division will, however, be allowed on the condition that only one living unit will be permitted to be constructed on each portion.
The counsel prayed the court to declare the bifurcation of the plots illegal and directions be issued to CDA to cancel the NOC of the society for violating laws. Following the arguments the court maintained status quo and while issuing the notices to respondents also sought reply from them.
