“Don’t make it seem like you’re targeting someone,” stated Islamabad High Court (IHC) Chief Justice Aamer Farooq.
On Thursday, the IHC ordered the de-sealing of the Khyber Pakhtunkhwa House in the capital, just two days after the Capital Development Authority (CDA) had sealed it.
Justice Farooq issued the directive during a hearing of a petition from the KP government. He told the CDA’s lawyer that while the authority can issue notices for sealing properties as per the law, it should not appear to be targeting any specific entity.
During the hearing, the CDA’s attorney claimed there had been illegal construction on the property and that some dues were still outstanding from a notice issued to the KP administration in 2014. The lawyer also argued that the lease for the property had expired in 2014.
“When did the CDA issue these notices?” asked the IHC chief justice, emphasizing that a notice should have been given prior to sealing the house. He added, “This is a provincial house. It is inappropriate to seal it.”
The KP government had filed its petition a day earlier, arguing that the sealing of the provincial house was done “illegally.” The petition further noted that when the KP administration approached the Peshawar High Court regarding the CDA’s action, it was advised to bring the matter to the IHC, deemed the appropriate forum.
In its petition, the KP government requested the court to declare the sealing of the house and the seizure of its vehicles “illegal” and sought to have the property reopened.
The CDA’s sealing of the Khyber Pakhtunkhwa House was an unprecedented action, with a notice placed on the main gate citing violations of building regulations. According to CDA records, the first notice to the KP government was issued on April 5, 2014, ordering a halt to illegal construction. The CDA had also sent notices in February and May of this year regarding the need for a lease renewal for the property located in Sector F-5/2, which the provincial government had failed to pursue.
