MAEMONA AZHAR vs CAPITAL DEVELOPMENT AUTHORITY S — 2024 CLC 1299 ISLAMABAD

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MAEMONA AZHAR VS CAPITAL DEVELOPMENT AUTHORITY S.49C---Islamabad Capital Territory Residential Sectors Zoning (Building Control) Regulations, 2020, Regln. 2.17---Constitution of Pakistan, Arts. 24 & 199---Use of building---Non-confirming use of building---Notice issued by Capital Development Authority challenged by way of writ petition---Petitioners were using their residential buildings as hostels, lodges or guest houses---Respondent / Capital Development Authority after issuing show cause notices initiated proceedings against petitioners by imposing fines and sealing of their properties---Validity---Powers conferred upon respondent / Authority by legislature in Capital Development Authority Ordinance, 1960, were justified by the purpose for which those had been conferred---There was no question of competence of Capital Development Authority or of vires of Islamabad Capital Territory Residential Sectors Zoning (Building Control) Regulations, 2020, where the Authority had exercised its powers in accordance with law and had only done so in furtherance of its mandate as the prescribed regulator---Notices issued in compliance with the procedure could not be challenged in constitutional jurisdiction as there was no adverse action taken nor order was issued whereby questions of vires and infringement of rights could arise---Issuance of show cause notice was merely a procedural requirement to provide time and an opportunity of being heard---Petitioners should have responded to notices of non-conforming use and should have stated their case before the Authority instead of skipping the prescribed procedure and directly invoking constitutional jurisdiction of High Court---Notices were issued in compliance with prescribed procedure and were intra vires and thus could not be challenged through constitutional petition---Provisions of Islamabad Capital Territory Residential Sectors Zoning (Building Control) Regulations, 2020, were intra vires the Constitution and did not infringe fundamental rights---Authority had followed prescribed procedure in letter and spirit, therefore, action of sealing premises could not be challenged on grounds of vires---High Court declined to interfere in the matter as the Authority was well within its powers while determining certain use of a premises to be non-conforming under Islamabad Capital Territory Residential Sectors Zoning (Building Control) Regulations, 2020---Constitutional petition was dismissed, in circumstances.

MAEMONA AZHAR vs CAPITAL DEVELOPMENT AUTHORITY S — 2024 CLC 1299 ISLAMABAD

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