NUZHAT NAZAR

ISLAMABAD: The builders of high-rise apartments and multi-storey shopping malls in the federal capital seemed to be weighing other options after remaining unsuccessful in their legal battle over sealing of their premises for violation of building by-laws.

On Thursday, the traders and shop owners of Safa Gold Mall staged a protest in front of the sealed multi-storey shopping mall, urging the government to re-open the mall.

Around three dozen shopkeepers, salesmen and employees those working in the shopping mall participated in the protest. They were chanting slogans against the Capital Development Authority (CDA) which sealed the building last week.

Similarly, the BNP Private Limited, the builders of 28 storey apartments and five star hotel Grand Hyatt are also likely to pressurize the government outside of the court.

In the case of Safa Gold Shopping Mall, the management of Mall also went to the Sessions Court but to no avail and after dismissal of their application by an Additional District and Sessions Judge, it moved a petition in the Islamabad High Court (IHC) on Thursday.

The CDA sealed the mall located in the Jinnah Super Market over violations of the building codes and the original layout plan.

In the case of BNP Private Limited, its Chief Executive Officer Abdul Hafeez Sheikh said that they would take up the issue of sealing of their premises and then termination of their 99 years lease with the forum of Builders Association.

He said that since they could not get respite in litigation, they decided to explore other options to send their message to the quarters concerned.

His reaction was due to Thursday's decision on BNP's petition where Islamabad High Court Justice Mohsin Akhtar Kayani dismissed the petition against sealing of 13.5 acre plot comprising high-rise serviced apartments and under construction hotel Grand Hyatt.

The CDA after sealing the area on July 1, 2016 later cancelled lease of the land on July 29 whereas BNP group had challenged sealing of its area.

The sequence of events is as follows. On July 1 CDA sealed the area, on July 2 BNP group obtained stay order from the IHC, on July 29 CDA cancelled lease of the land and informed the same to IHC on August 1. On August 3, CDA produced a lease cancellation letter before the IHC at which court reserved its judgment that was announced today on Thursday.

The CDA on July 20 in a detailed report told IHC bench that how illegalities were committed in the lease of the said property and later in building by-laws. How lease of land was extended from 33 years to 99 years, how permission for the construction of 124 serviced apartments turned into construction of 240 flats and how the lease amount was rescheduled from 2015 to 2026.

The CDA counsel Kashif Ali Malik had argued before the court that the Civic Body enjoys powers of a regulatory body and it can apply its independent mind to decide the matters in accordance with law.